2020 QCCQ 7305, 2020 QCCQ 7305

Protection de la jeunesse — 206136 2020 QCCQ 7305 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-002393-194 DATE: February 25 th 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2004 Adolescent [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (

Section 38 Youth Protection Act , R.S.Q. c. P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for 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 (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The first decision to take in the adolescent’s situation is the easiest one. Does the Court need to intervene because his security and development would be in danger? The answer is yes.

He has shown very serious behavioural problems which have put other people in danger. [ 2 ] Many reports were made on his sexual abuse on children aged between six and twelve. These occurrences have taken place within the last two years. They were repeated and stood for a long period. [ 3 ] Aggressive physical behaviours were also noted in school against people. The outbursts were sudden and unpredictable. [ 4 ] Therefore, the security and development of the adolescent are in danger according to

Section 38

f) of the Youth Protection Act . [ 5 ] The Director of Youth Protection (the “Director”) suggests as a principal measure to help the adolescent, to entrust him to a group home. [ 6 ] Some of the reasons are that there are no services available in the adolescent’s community. [ 7 ] The adolescent has mainly lived with his parents. He is now 15 years old. He seems to be limited in his comprehension of the gravity of his situation. [ 8 ] The parents are fully invested in the well-being of their son. They are worried about his situation and have tried their best to help him. They have raised him and want to continue.

They were counting on the possibility for their son to continue his schooling this year but that was not feasible because no teacher was available for him. At least, the adolescent could have been accompanied by another adult. [ 9 ] The parents have offered an honest and sincere collaboration to the Director since last fall. They have put out rules for their son, accepting a curfew and making sur that it is respected.

[ 10 ] The adolescent finally accepted to talk to Mr C three weeks ago, after having been offered on many occasions to meet with him.

The parents were glad that their son had accepted to talk to Mr C. [ 11 ] The adolescent has opened-up a bit about his behavioural difficulties admitting that he had hurt other children. [ 12 ] As said before, the adolescent is 15 years old and is constructing his personality, maybe slower than other youths. [ 13 ] If nothing is offered to him, the chances are very serious that his pattern of behaviours against children will continue and be a way of life for him. [ 14 ] The risk of the adolescent being rejected by his very small community is also very present if he continues to behave the way he did. [ 15 ] He does need help and this help is needed now. [ 16 ] He behave more properly in the last four months.

His father explains his improvement in the fact that he is getting older. [ 17 ] The parents, through the voice of the father, fear that if their son is sent to a group home, his behaviour will get worse because of the bad influence he could receive from his new peers in the group home as some of these kids could be much smarter than he is. [ 18 ] The father submits that the placement in a group home for an older biological sibling of the adolescent did not succeed at all and even became a bad influence for him. [ 19 ] The adolescent as described and observed, has some limits in his comprehension and learning.

His parents are still devoted to him and fear a regression if he is to adjust to a new environment away from his family and from the community. [ 20 ] The parents accept all services which could be offered in their community and want to continue to help their son.

They are the persons who know him best and they think that they can manage the situation. [ 21 ] Entrusting a child in a reception centre is the last resort provided as a measure by the Youth Protection Act . [ 22 ] Having in mind the adolescent’s apparent limited personality, at this stage, his withdrawal from his family and community will not help him and the risk of regression and even the augmentation of behavioural difficulties in a non-natural environment are very present. [ 23 ] There are no ideal solutions in the adolescent’s situation but the group home will not help him at this time. [ 24 ] The Director will need to execute the orders aimed at putting an end to the situation of compromission.

The best solution for the adolescent is to be maintained in his family and that the required services be offered to him even if he lives in a small and remote community.

FOR ALL THESE REASONS, THE COURT: [ 25 ] GRANTS the application; [ 26 ] DECLARES that the security and development of the adolescent, X, are in danger for the following motive: • 38 f): Serious behavioural disturbance [ 27 ] ORDERS that the adolescent be maintained with his parents; [ 28 ] ORDERS that the adolescent and the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the adolescent’s regard to put an end to the situation of compromission; [ 29 ] ORDERS that the adolescent and the parents take an active

part in the application of the measures; [ 30 ] ORDERS that the adolescent and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 31 ] ORDERS that the adolescent not come into contact with D; [ 32 ] ORDERS that the adolescent receive specific healthcare and health services required by his situation, namely a psychosexual evaluation and that all recommendations be followed; [ 33 ] STRONLY RECOMMENDS that the adolescent receive services oriented at his specific sexual abuser dynamic; [ 34 ] ORDERS that the parents seek help through social services concerning the steps they can take to address the adolescent’s problematic behaviours; [ 35 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the adolescent and the family; [ 36 ] ORDERS that the adolescent and the family receive the services of an external educator as soon as possible for the period deemed necessary by the professionals; [ 37 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection for the execution of the measures;

[ 38 ] THE WHOLE until February 28 th 2021. __________________________________ JEAN GRAVEL, J.Q.C. Mtre Adele Cyr, Attorney for the applicant Mtre Laurence Migue, Attorney for the adolescent Mtre Angele Tommasel, Attorney for the parents