2017 QCCQ 20822, 2017 QCCQ 20822

Protection de la jeunesse — 1711183 2017 QCCQ 20822 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005508-174 DATE: December 8, 2017 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2003 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Applicant v.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] Alleging that the adolescent X, presents serious behavioural difficulties, the Director of Youth Protection asks the Court to apply various measures of protection for 6 months, including his placement in a rehabilitation center. [ 2 ] Both the adolescent and his mother are present at the hearing and consign their agreement to the Director’s evaluation and orientation of the situation.

The Court proceeds in the father’s absence, while taking in considering the caseworker’s testimony to the effect that he is in agreement with the conclusions sought by the Director. [ 3 ] Analysis and decision [ 4 ] X resides with his mother. He has little contact with his father. [ 5 ] Since early childhood, X presents numerous behavioural challenges which have intensified over time.

His diagnoses include a low intellectual disability, conduct disorder, ADHD, receptive language disorder, coordination disorder, parent-child difficulties and intermittent explosive disorder. [ 6 ] His low tolerance to frustration and communication difficulties lead to verbal and physical aggressive behaviors, including defiance, opposition to authority and anger. He struggles with acknowledging his difficulties and has a tendency to blame others for his reactive behaviors. [ 7 ] This situation resonates in all spheres of X’s life.

He struggles in school and is repeatedly the subject of disciplinary measures in reason of his behaviors. At home, the family dynamic is difficult. X’s mother is overwhelmed. [ 8 ] On [...], 2017, the Director retains a situation of endangerment in relation to the adolescent’s serious behavioral disturbances. Voluntary measures are put in place as of May 1 st , maintaining X at home with the application of various rehabilitative measures until the end of the year. [ 9 ] An educator intervenes to accompany X and his family. X cooperates little.

He refuses to sign a contract of rules. [ 10 ] Although certain improvements are seen, X continues to struggle with his anger and opposition. Conflict and altercations remain regular. [ 11 ] On November 1, X is arrested in relation to a theft at one of his friend’s home. During his detention, he relates knowing that

his anger is a persistent issue. [ 12 ] The Court orders provisional measures maintaining X in a rehabilitation center. X’s problematic behaviours continue despite his placement and the interventions. He understands that his mother is not ready for him to return home and he respects this position. [ 13 ] The evidence demonstrates that X requires rehabilitation in a structured and neutral environment.

The objective of the measures is that he return home as soon as possible, but both X and his mother recognize that work has to be done on an individual and joint fashion before such is possible. [ 14 ] Therefore, after taking into consideration the parties' admissions as well as the documentary evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and furthermore, give rise to the measures sought. [ 15 ] FOR ALL THESE REASONS, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] DECLARES that the security and the development of the adolescent are in danger in reason of serious behavioural disturbance; [ 18 ] ENTRUSTS that the adolescent to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A; [ 19 ] ORDERS that the contacts between the adolescent and his father be following agreement between the parties and in the presence of a third party chosen by the Director and taking into consideration the adolescent’s wishes; [ 20 ] AUTHORIZES lifting of the supervision as to the contacts between the adolescent and his father, following agreement between the parties; [ 21 ] ORDERS that the contacts between the adolescent and his mother be following agreement between the parties; [ 22 ] ORDERS that the adolescent and his parents take an active

part in the application of the measures ordered; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent or his family; [ 24 ] ALL THESE MEASURES for 6 months; [ 25 ] ENTRUSTS the adolescent’s situation to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Sarah Gaudry Staub Attorney for the Applicant Me Johanne Leduc Attorney for the mother Me Michel Robert Attorney for the adolescent Hearing date: December 8, 2017