2011 QCCQ 14042, 2011 QCCQ 14042

Protection de la jeunesse — 115113 2011 QCCQ 14042 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] “Youth division” N o : 635-41-000427-119 DATE: October 12, 2011 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.Q.C. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A, working in Town A Applicant -and- X , residing and domiciled in Town B, province of Quebec, district A Youth -and- A , residing and domiciled in Town B, province of Quebec, district A Parents ______________________________________________________________________ JUDGMENT Sections 38 & 75 Y.P.A., R.S.Q. c.

P.-34.1 ______________________________________________________________________ [ 1 ] The Court is seized of a petition under

Section 38

f) of the Youth Protection Act concerning X, born on […], 1996. The applicant asks the Court to declare the security and the development of the youth has being compromised, recommends that he be entrusted to a rehabilitation center for a period of six months with reintegration and his family as soon as possible and to order different measures of help. [ 2 ] The youth is present and represented. He admits most of the allegations of the petition and does not agree with the recommendation of placement.

The father is present but not represented; he does not want to be represented even though he has been informed of his rights concerning this matter. He mentioned that since his son has been placed on August 20, 2011 in a rehabilitation center A, his son’s behaviour is improving and he is coming back to is own self. He is pleased with the outcome but find that a period of placement of six months is a little bit long.

By a statement, the mother informs the Tribunal that she is aware of the present petition and agrees with the recommendations, but that she would not be present. [ 3 ] In the evening of June 28, 2011, the youth was part of a group of six youths, which took a cocktail of pills. The parents were warned about the situation and on the morning of June 29, the youths were sent to the hospital A to be evaluated for their suicidal risk. [ 4 ] At the time, the youths expressed that they took the pills because they were bored in their community A.

After an evaluation of three days, most of the youth were sent back to their village to be followed by the CLSC. [ 5 ] On July 11, 2011, X went to an appointment with B (CLSC worker) and Nelson Tardif, psychologist. X’s face was bandaged as he had made cuts in his face and arms (left arm had 5-6 really deep cuts). He was again sent to the hospital A. Mr.

B noticed that the youth’s situation had not improved since the last event. [ 6 ] The father did not want his son back at home anymore as he could not handle his son’s behaviour: self-mutilating, his friends’ choices, his relation with his girlfriend, his suicidal behaviour, not respecting authority and structure. X also threatened his siblings that he would hurt them and the father was scared for his family. [ 7 ] Since his placement [A CENTER] on August 30, 2011, the youth ran away six times.

When the applicant spoke with the manager of the rehabilitation center on September 2, 2011, the staff was still observing some inappropriate behaviours from the youth’s part. He admitted that he was still having impulsive reactions and behaviour problems. He mentioned that he was not ready to go home yet. [ 8 ] The youth was adopted at the age of seven months. His biological mother, while being pregnant, consumed drugs and alcohol. When she gave birth to X, she abandoned him at the hospital and left him to the care of the social services. He expressed that he

feels abandoned and lost because of that. He would like to meet her and understand why she left him behind. [ 9 ] He is not attending school, as it seems he was bullied and would come back from school very angry because of his difficult relationships with his peers. He was diagnosed with an Attention Deficit Disorder. [ 10 ] Other documents in the file also mention that he was forced to have a sexual interaction with a female peer. That occurred in 2008 and his father pressed charges to the police.

He was recently charged for assaults and mischief in his father’s house and he is currently followed under the Youth Criminal Justice Act. According to the father, his son’s behaviour started to change and getting worse since he is going out with his girlfriend and changed his group of friends. [ 11 ] The youth has been functioning well in the rehabilitation center. In fact, since his placement, he has not been self-mutilating nor verbalized any suicidal ideation and has not been taking pills.

However, he ran away on six occasions: two times [A City] and four times [B City], which might put himself in danger as he was threatened by other youths in the community and as he does not always have safe place to go. [ 12 ] He is at a critical time in his life and his situation still needs to be stabilized before to return with his parents.

The Court feels that this could be achieved in a period of five months in a rehabilitation center. [ 13 ] Considering the admissions, the testimony of the parties and the reports filed, the Court is convinced that the recommendations are in the best interest of the youth and that they respect his rights. FOR THESE MOTIVES, THE COURT: GRANTS the petition; DECLARES that the security and development of X, born on […], 1996, are in danger in accordance with

Section 38

f) of the Youth Protection Act; ENTRUSTS the youth to a rehabilitation center for a period of five months with progressive reintegration in his family as soon as the situation permits it; ORDERS • that the youth and his parents take an active

part in the application of any of the measures to put an end to the situation in which the security and development of the youth are in danger; • that a person working for an institution or body provide help, counsel or assistance to the youth and to the youth’s family; • that the youth receive a psychiatric evaluation in order to precise the possible diagnostic of FAS or PFAS and that he receives medication for his ADD, if indicated; • that the director of Youth Protection supervise the contacts between the youth and his family as for modalities and frequency; • that these contacts be as frequent as possible; ENTRUSTS the youth’s situation to the Director, who shall then see that the measures are carried out; ORDERS the execution of this enactment by any peace officer, if required. __________________________________ Marc E.

Grimard, JQC M e Stéphanie Lachance Counsel of the applicant M e Denis Trottier Counsel of the youth Date of hearing: September 20, 2011