2018 QCCQ 20708, 2018 QCCQ 20708

Protection de la jeunesse — 1811502 2018 QCCQ 20708 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-032020-166 DATE : March 23, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2000 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ 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 11.2.2 and 135). [ 1 ] The Director of Youth Protection, (the Director), is asking the Court to revise the order rendered on November 27, 2017 declaring the endangerment of the adolescent as a result of physical abuse and psychological ill-treatment and entrusting him to a foster family with other corrective measures until his majority. [ 2 ] The applicant alleges that the adolescent requires the structure of a rehabilitation center as a result of emotional and behavioural difficulties that have emerged since the previous order. [ 3 ] Consequently, the Director is asking the court to substitute the placement in a foster family by a rehabilitation center while maintaining all other conclusions. [ 4 ] The parents acknowledge the need for a revision of the previous court order but consider that their son’s needs would be best served by imposing placement in a drug treatment centre such as [Center A]. [ 5 ] The adolescent is absent at the hearing, having chosen not to attend.

Through his attorney, he admits the allegations and consents to the measures recommended. As a result of the adolescent’s absence, his attorney is unable to express a position regarding the parents’ request. Considering that the Court does not have the authority to impose such a measure, he suggests that a recommendation would be more appropriate should the adolescent decide to participate in the program. The Situation [ 6 ] Following the previous order, the adolescent progressively defied the rules in the foster family. In particular, he failed to respect curfew or to account for his whereabouts.

Shortly after the judgment was rendered, the foster family asked that he be removed from their care. This led to the adolescent’s provisional placement in a reception centre where he currently remains. [ 7 ] Since January of this year, the adolescent has displayed unexplained outbursts of rage and violent behaviour. Expressions of suicidal ideations have also been a concern. Police intervention has been required on several occasions at the group home. [ 8 ] The adolescent is unable to determine what triggers these outbursts that lead to what he describes as blacks out.

According to the social worker, he is frightened by this development and wants to understand the cause. [ 9 ] This situation has hindered his progress in the community. He is no longer in school and has had difficulty holding down a job.

Furthermore, the social worker affirms that he has increased his consumption of marihuana, possibly in an attempt to numb his emotional distress. She suspects that he has started using more potent drugs but has no concrete evidence to that effect. It remains a legitimate concern however considering the difficulties over the past few months. [ 10 ] According to the social worker, the adolescent is motivated to work with the educators in implementing a constructive plan that will help him get back on his feet. On the other hand, he has not shown any genuine motivation regarding a drug treatment program.

He believes that he has the situation under control and can stop without assistance when he so chooses. [ 11 ] The adolescent continues to be followed at the Hospital A and a comprehensive assessment is currently underway. To date, his psychiatrist has diagnosed ADHD and has prescribed medication accordingly.

He also recommends anger management, a psychological follow-up as well as family therapy. [ 12 ] The parents have expressed their disagreement with the medication but considering the adolescent’s age, the decision to follow the suggested treatment was left up to him in accordance with sections 14 and 17 of the Civil Code of Québec . [ 13 ] Currently, the adolescent has access to psychological therapy but is not consistent in respecting his appointments.

He is unwilling to consider family therapy and continues to refuse contact with his parents. [ 14 ] Although the parents express much concern about their son’s wellbeing, their testimony reveals that their perception of the situation has not evolved. Their implication in the social follow-up continues to be hindered by their ongoing mistrust of the professionals involved with the adolescent. Although they acknowledge a certain level of distress, they associate their son’s difficulties strictly with his drug consumption and unstructured lifestyle.

In their opinion, these problems have been exacerbated by the lack of structure in the group home. There is very little evidence of introspection on their part. Analysis and Conclusion [ 15 ] The evidence leads to the conclusion that a revision of the previous order is necessary considering the difficulties displayed by the adolescent in recent months. Although the services offered at [Center A] would serve a legitimate objective, the Court does not have the authority to impose such a measure.

On the other hand, should the adolescent decide to participate in a detoxification program, the opportunity to do so will be provided for in the order. [ 16 ] In the meantime, a reception centre placement is best suited to offer the adolescent the services that he requires regarding his emotional difficulties as well as to prepare him for independent living. [ 17 ] FOR THESE REASONS, [ 18 ] THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of the adolescent are still endangered; [ 21 ] ORDERS that the adolescent be entrusted to a rehabilitation centre; [ 22 ] RECOMMENDS that the adolescent participate to a detoxification program in [Center A], in particular, and AUTHORIZES the adolescent to integrate this program during the course of the placement; [ 23 ] ORDERS that the adolescent be provided with therapeutic services; [ 24 ] RECOMMENDS that the adolescent and his parents follow through with the recommendations of the psychological assessment carried out by Caroline Klein; [ 25 ] ORDERS that the frequency and modality of contact between the adolescent and his family be determined by the Director of youth protection, taking into consideration the desire of the adolescent; [ 26 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 27 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of the CIUSSS A who shall then see that the measures are carried out [ 28 ] THE WHOLE until the majority of the adolescent.

SIGNED IN TOWN A On April 17, 2018 __________________________________ KAREN OHAYON, J.C.Q.

Me Sym Davis Attorney for the D.Y.P. Me Marc Morin Attorney for the adolescent Dates of hearing: March 23, 2018 KO/lf