2017 QCCQ 15434, 2017 QCCQ 15434

Protection de la jeunesse — 175941 2017 QCCQ 15434 JM2505 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] N° : 505-41-008219-158 DATE : July 24, 2017 ______________________________________________________________________ PRESIDED BY : THE HONORABLE LYNE MORIN, J.C.Q. ______________________________________________________________________ [Social Worker 1], youth protection worker duly authorized by the Director of Youth Protection A, Petitioner -and- X , Born on [...], 2007 Child-respondent -and- A Mother-respondent -and-a B Father-respondent ______________________________________________________________________ J U D G M E N T Section 95(1) of the Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (the Director) presents a Motion for Revision and Extension of a Court Decision rendered on July 7, 2016. [ 2 ] Following said decision, the Court ordered that the child be entrusted to an institution operating a rehabilitation center for a period of one year.

The Court also ordered that the child and the family receive aid, counselling and assistance for the same period and that the contacts between the child and his parents be following agreement between the parties. [ 3 ] The Director recommends that the child be entrusted to a rehabilitation center for a period of six months and that he receives certain healthcare and health services, namely a referral to the Pinel Institute to undergo a psychiatric assessment and a follow-up.

[ 4 ] The parents and the child agree with the measures sought by the Director. [ 5 ] Since the last Court order, the child has remained at the A unit of [Center A]. [ 6 ] At times, he continues to present an oppositional, violent and sexualized behaviour. [ 7 ] On October 13, 2016, while returning to his unit, he poked another child on the bus with a sewing needle. The needle punctured the child’s arm and drew blood. A few days later, he was indefinitely suspended from the school bus. [ 8 ] On December 6, 2016, he assaulted a technician at the hospital.

Other aggressive incidents have occurred at the reception center. [ 9 ] In February 2017, Douglas Hospital took the decision to discharge the child from the Lyall program. Overall, the staff believed that he had reached a plateau and was no longer benefiting from the program. [ 10 ] The parents were not in agreement with that decision and were very disappointed. Steps were made to school the child within his rehabilitation unit. [ 11 ] Because of his unpredictable behaviours at the unit, the child was placed on a one-on-one tutoring. [ 12 ] In May 2017, the child had two sexual events in his unit.

A nine-year-old girl confirmed that the child had touched her vagina and that he had put his penis on her vagina in the bathroom of the unit. An eleven year old boy also reported that the child and himself had touched each other on the genitals for several minutes, but that there was no penetration. [ 13 ] On June 1 st , investigators from the Sûreté du Québec showed the father a video which had been uploaded to “You Tube”.

This video was played partially and it was determined that it was from the child’s room at home and that it showed him masturbating. [ 14 ] The parents were not aware of that situation and they immediately took steps to correct the situation.

The child has not had any access to the iPad since the incident. [ 15 ] The child presents a conduct disorder, disruptive mood dysregulation, attention deficit hyperactivity disorder and oppositional defiant disorder. [ 16 ] He must be closely monitored and his rehabilitation needs are still present. [ 17 ] Both parents have collaborated consistently with the group home and with the Director.

They understand the situation and are working closely with the professional in their child’s best interest. [ 18 ] Given the admissions and the content of the report, the Court is satisfied with the evidence adduced regarding the allegations.

FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and the development of the child, X , are still in danger; [ 21 ] DECLARES that the security and the development of the child are in danger for the following reason: • 38 d) 2): Risk of sexual abuse; [ 22 ] REVISES and EXTENDS the Court order rendered on July 7 th , 2016; [ 23 ] ORDERS that the child be entrusted to an institution operating a rehabilitation center chosen by the Director of Youth Protection A; [ 24 ] ORDERS that the contacts between the child and his parents be following agreement between the parties concerning the terms and the frequency; [ 25 ] ORDERS that the child and his parents take an active

part in the application of the measures ordered; [ 26 ] ORDERS that a person working for an institution or body provide aid, counsel or assistance to the child and his family; [ 27 ] ORDERS that the child and his parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 28 ] ORDERS that the child receive certain healthcare and health services, namely a referral to the Pinel Institute to undergo a psychiatric assessment and follow up; [ 29 ] RECOMMENDS that the parents attend when requested and follow the recommendations; [ 30 ] ORDERS that the child attend school; [ 31 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the measures; [ 32 ] THE WHOLE for a period of six months.

________________________________ Lyne Morin , J.C.Q. M e Pascale Boucher Attorney for the Director M e Hélène Robitaille Attorney for the child Hearing date: July 24, 2017