2022 QCCQ 8604, 2022 QCCQ 8604

Protection de la jeunesse — 225795 2022 QCCQ 8604 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-006636-214 DATE: September 13, 2022 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on [...], 2006 Youth ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- A B Parents ______________________________________________________________________ JUDGMENT Article 95 (1) & (2) 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection seeks the revision and extension of a protection order rendered on September 22, 2021 in relation to the youth’s serious behavioural issues. More specifically, the Court entrusts the youth to Mr. C for six months, with additional measures for one year. [ 2 ] Since June 2022, the youth resides in a rehabilitation center on a provisional basis.

The Director asks for the continuation of this placement as well as the other measures for an additional 6 months. [ 3 ] After an initial contestation, the youth as well as his parents agree to the suggested orientation. After evaluating the evidence, such is also the case for the Court, with the added recommendation that the youth participate in psychological services. [ 4 ] Here are the reasons justifying this decision. Analysis and decision [ 5 ] In virtue of the last judgment, the adolescent resides with Mr.

C on his farm. [ 6 ] A homebound educator continues to offer services in view of working on the family dynamic and help the youth to develop more appropriate ways to express and manage his emotions. Despite this, little change occur, mostly in reason of differing perceptions as to the sources of the youth’s difficulties. [ 7 ] The relationship with his parents remains fraught with frustrations and misperceptions. The youth can react strongly during exchanges and conflicts occur regularly.

The parents show inconsistency as to their responses, which tend to intensify their son’s anxiety and anger. [ 8 ] On December 10, 2021, a crisis occurs in the home environment, requiring a police intervention. The youth is disorganized and reacts impulsively, creating some damage in the home. Everyone is overwhelmed. [ 9 ] No contacts occur until February 2022, when it is mutually agreed to gradually resume these and ensure consistency as to the youth’s behaviours.

During the time that he is out of contact with his family environment, he is observed to be more functional and doesn’t exhibit violent behaviours. [ 10 ] Once contacts resume, the youth becomes progressively less functional in all spheres of his life. He opposes his parent’s

structure and his school attendance wanes. He offers little cooperation with the follow-up. [ 11 ] The mother submits that Mr. C is unable to offer the structure required by her son. She sees that he functions better in the reception center setting, but believes that a mental health evaluation would help to better understand his ongoing anger and impulsiveness issues.

The father concurs. [ 12 ] In June 2022, the adolescent integrates a rehabilitation center. [ 13 ] Although he demonstrates perseverance and a good work ethic, his situation is little changed to this day in regards to the basis of the situation of endangerment. He is not cooperative and opposes himself to the structure in place. His frustrations overwhelm his functioning and relationships. [ 14 ] Clearly, the youth needs to develop his social skills and learn to better manage his emotions.

The rehabilitation center setter corresponds to his present needs for structure and neutrality, but his lack of receptivity render this work arduous. [ 15 ] For these reasons, the Court endorses the conclusions of the application, which are the reflection of the youth’s best interests and the objectives of the law. [ 16 ] Actually, the youth resists mental health services as he considers that it is not an issue outside of his family environment.

In view of the continued intensity of the situation, the Court considers that a psychological evaluation and services (if need be) might permit to better understand his dynamic and help him move forward.

FOR ALL THESE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES the security and development of the youth still in danger; [ 19 ] REVISES and EXTENDS the Court order rendered on September 22, 2021; [ 20 ] ENTRUSTS the youth to an institution operating a rehabilitation center chosen by Director of Youth Protection A; [ 21 ] ORDERS that the contacts between the youth and his parents be following agreement between the parties; [ 22 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which the security or development of the youth is in danger; [ 23 ] ORDERS that the youth and his parents take an active

part in the application of the measures ordered; [ 24 ] RECOMMENDS that the youth participate a psychological evaluation and implicate himself and any services which are recommend by the professionals; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and his family; [ 26 ] ALL THESES MEASURES for six months; [ 27 ] ENTRUSTS the situation of the youth to the Director of Youth Protection A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Noémie Plante Attorney for the Applicant Me Karine P.

Poissant Attorney for the youth Date of hearing: June 7, 2022 and September 13, 2022 (applicable measures)