2014 QCCQ 14185, 2014 QCCQ 14185

Protection de la jeunesse — 142375 2014 QCCQ 14185 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Court Division N°: 525-41-017413-055 Date: April 10, 2014 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 1999 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of A Youth and Family Centres Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.Q., c. P-34.1 ) WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing a child or the child's parents to be identified. Any person who contravenes this provision commits an offence and is liable to a fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of April 10, 2014, in accordance with the requirements of

section 90 of the Youth Protection Act . [ 2 ] JD2620 The Court was presented with a motion for revision and extension of an order rendered by the undersigned, on November 20, 2012, whereby the now fourteen year-old adolescent, X , was entrusted to a rehabilitation center, with a possible reintegration into his mother's care after six months with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the motion for revision and extension dated September 23, 2013, are as follows: 3.1. on January 10, 2013, the child did an initial substance abuse assessment at A Pavilion and was founded (sic) at risk for dependence and abuse of marijuana; 3.2. the child attendance at the program has been inconsistent and he has not participated in the treatment phase of the program; 3.3. there is continued drug use on the part of the adolescent, more particularly but not restrictively in that:

a) on January 8, 2013, the delegate was informed that the adolescent had returned from a visit with his mother and had tested positive for marijuana;

b) in June 2013, the adolescent arrived at his mother's home "high" on marijuana;

c) in September 2013, the adolescent again arrived at his mother's home "high" on marijuana and was aggressive towards his mother to the point that she had to leave the home; 3.4. in the rehabilitation centre, the adolescent continues to present on-going issues of self control, inappropriate language, being verbally abusive to staff, at times being aggressive with staff and other adolescents and a lack of ownership for his negative behaviour;

3.5. the adolescent was caught smoking in his room at the rehabilitation center, which he knows is against the rules of the unit; 3.6. the adolescent has often had to be isolated due to his behaviour; 3.7. the adolescent continues to be unstable in his behaviour and is not able to maintain positive behaviour for any extended period of time, either at the rehabilitation center or in visits to his mother's home; 3.8. n (sic) September 2013, the staff at the rehabilitation centre took the adolescent to the A Hospital out of concern for his mental health; 3.9. request has been made to the A Hospital Psychiatry Department for the child to have an assessment to better understand his behavioural and needs; 3.10. this request has been accepted but no date has been given as yet to when this evaluation will occur; 3.11. in or about April 2013, the mother had a mental health evaluation which concluded that she is depressed and she is currently taking medication for anxiety and panic attacks; 3.12. the mother does not feel safe with the adolescent in her home and she does not think the adolescent is safe in the community; 3.13. the youth protection worker has not had any contact with the adolescent's father during the current Court order and his whereabouts remain unknown to the delegate (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to a rehabilitation center, with a possible reintegration to his mother's care, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, who chose to proceed without the assistance of legal counsel, admitted most of the alleged facts.

However, she denied that her son was ever violent with her in any way.

She opposed her son's continued placement in a rehabilitation center and emphasized her repeated requests for services to help her and her son. [ 6 ] The father, whose whereabouts remain unknown, was absent. [ 7 ] The adolescent, assisted by Me Sepinwall, also objected to his continued placement in a rehabilitation center, but consented to the other proposed measures. [ 8 ] The Director filed Exhibits D-1 to D-3 as evidence: D-1: Court Report, prepared by social worker 1, dated September 16, 2013; D-2: Psychiatric Assessment of the adolescent filed under

section 294.1 C.P.C.; D-3: Addendum 1 dated March 17 th , 2014, prepared by social worker 1. [ 9 ] The adolescent filed a letter he wrote for the Court as Exhibit E-1. [ 10 ] The hearing began on November 20, 2013. [ 11 ] The mother then argued that her son deserved a chance to show he can change. She also added that she is taking steps to address her own mental health issues, including attempting to have her medication adjusted. She stated that she has succeeded in remaining sober for almost three years and has worked very hard to have her son back in her care.

She is eager to benefit from therapeutic services that she has been "begging for" for months. [ 12 ] The adolescent also expressed his eagerness to return to his mother's care and acknowledged he needed to "work on" his drug use and anger issues. [ 13 ] However, the worker expressed serious concerns about the adolescent's situation and his inability to sustain positive behavior. [ 14 ] The adolescent's psychiatric assessment dated September 12, 2013 summarized his difficulties as follows: X describes previous behaviour problems including lying, manipulating, using drugs, skipping school, and running away from home, including overnight but says that this is no longer an issue.

These behaviours lead to a placement at Hawkins group home and then most recently Prevost campus for increased security. At this time, X describes ongoing cannabis use but otherwise his behaviour has improved. […] […] he does use self-harm as a way to relieve pain and while refusing to discuss this, he has a history of cutting on his forearms and has visible scars. […] Regarding anxiety, X describes regular "panic attacks" that he feels responds to using his rescue inhalers. The main symptom of these attacks is shortness of breath although he is also anxious during this time. […]

[…] certain themes make X anxious such as discussion of his living arrangement, drug use and relationship with his mother [1] (reproduced with errors and/or omissions). [ 15 ] The assessment concludes: This is a 14-year-old boy with a complex psychosocial early and ongoing history. He has had multiple attachment disruptions with experiences that has led him to believe that adults are unreliable and untrustworthy.

Previous behaviours may suggest an emerging conduct disorder; however his awareness of why rules are important and remorse at some of his actions question this diagnosis in addition to recent improved behaviours. Despite this, X remains at high risk for further conduct disturbance as well as psychosis given his current level of suspiciousness and ongoing marijuana consumption . His awareness of this fragility and realization during the interview that drug use may increase the likelihood of major psychiatric disorders may help modulate the risk although it remains to be seen how he integrates this understanding .

Lastly, X's depressive symptoms appear within the context of significant psychosocial stressors and should be reevaluated following a period of stabilization within a secure setting and while abstaining from drug use to see if his adjustment disorder evolves into a primary mood disorder [2] (emphasis added).

The diagnosis appears as follows: Axis I 314.9 Attention Hyperactivity Deficit Disorder – on history 309.4 Adjustment Disorder with Depressed Mood and Disturbance of Conduct Cannabis use disorder High risk state for psychotic illness (not currently psychotic) R/O Eating Disorder [3] [ 16 ] It should be noted that the adolescent also presents many strengths. For instance, he is very articulate and performs very well academically.

He is also "said to be insightful and creative, as well as an excellent conversationalist" [4] . [ 17 ] Given the adolescent's erratic behavior, concerns over a possible eating disorder and the risks identified in his psychiatric assessment, the Court concluded on November 20, 2013 that it would be premature to entrust the adolescent to his mother despite their progress. [ 18 ] However, given the adolescent's undertakings to follow the recommendations in his psychiatric assessment, including to completely abstain from using any illicit drugs, and to attend counselling and psychotherapy, the Court ordered that he remain in placement on an interim basis to further assess the adolescent's progress before ordering final measures. [ 19 ] Unfortunately, following the hearing, the adolescent was hospitalized from November 26 until December 3, 2013 for anorexia. [ 20 ] Shortly thereafter, his behavior deteriorated: On February 21, 2014, the delegate spoke with the manager of Lindsay Unit, Scott Nicholls, who reported that X had been sent to the Encadrement Intensive Unit (Dara) today as he was out of control, and had physically assaulted a younger peer, who had just turned 13 years old.

X had also given staff a difficult time yelling at them and throwing things in the unit.

Scott said that X had been bullying this person. [5] [ 21 ] There are also concerns regarding the adolescent's possible continued drug use since a bottle of urine was found in the adolescent's room. [ 22 ] Under the circumstances, the Court concludes that the adolescent still needs the structure of a rehabilitation centre. [ 23 ] However, both mother and son appear highly motivated to be reunited and they are strongly encouraged to persevere with sustained positive changes towards that goal. [ 24 ] Therapeutic services must be put into place as quickly as possible to support the family.

THEREFORE, THE COURT: [ 25 ] GRANTS the motion; [ 26 ] DECLARES that the security and development of the adolescent, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 27 ] ORDERS that the adolescent remain entrusted to a rehabilitation center for a period of six months, with a possible reintegration to his mother's care, as soon as the situation allows; [ 28 ] ORDERS that the frequency and modality of contacts between the adolescent and his mother be determined by the Director of Youth Protection; [ 29 ] ORDERS that such contacts be encouraged, as much as possible, taking into account the adolescent's behaviour; [ 30 ] TAKES JUDICIAL NOTICE that it is the Director of Youth Protection's intention to encourage contacts between the adolescent and his mother, as much as possible;

[ 31 ] RECOMMENDS that the adolescent follow the recommendations of his psychiatric assessment, more particularly that he completely abstain from using any illicit drugs; [ 32 ] TAKES JUDICIAL NOTICE of his undertaking to do so; [ 33 ] TAKES JUDICIAL NOTICE of the adolescent's consent to undergo random drug testing when requested and, consequently, ORDERS that such tests be carried out; [ 34 ] TAKES JUDICIAL NOTICE of the adolescent's undertaking to continue counseling on a weekly basis with Mr.

C or another therapist recommended by the Director of Youth Protection should the situation change and, consequently; [ 35 ] ORDERS that the adolescent benefit from individual psychotherapy as recommended, for as long as necessary; [ 36 ] RECOMMENDS that the adolescent take his medication as prescribed and follow-up with psychiatric treatment as required; [ 37 ] RECOMMENDS that the adolescent follow the recommendations following his substance abuse assessment; [ 38 ] TAKES JUDICIAL NOTICE of his undertaking to do so; [ 39 ] TAKES JUDICIAL NOTICE of the mother's continued desire to benefit from individual counseling; [ 40 ] ORDERS that she benefit from necessary assistance so that she may do so, as soon as possible; [ 41 ] TAKES JUDICIAL NOTICE that the mother is currently also benefiting from sessions with Mr.

C but that efforts will be made for her to benefit from her own individual counselor, as soon as possible; [ 42 ] TAKES JUDICIAL NOTICE of the family's undertaking to collaborate with an educator; [ 43 ] ORDERS that the family benefit from the services of an educator; [ 44 ] AUTHORIZES the Director of Youth Protection to exchange information with the adolescent's treating professionals regarding his participation and attendance; [ 45 ] TAKES JUDICIAL NOTICE of the adolescent's consent to that effect; [ 46 ] ORDERS that a person working for A Youth and Family Centres provide aid, counsel and assistance to the adolescent and his family; [ 47 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out; [ 48 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 49 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Dominique Douglas Attorney for the Director of Youth Protection Me Bernard Sepinwall Attorney for the adolescent TD/vl