2015 QCCQ 19544, 2015 QCCQ 19544

Protection de la jeunesse — 154755 2015 QCCQ 19544 JL4031 COURT OF QUÉBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-030103-154 DATE: December 9, 2015 ______________________________________________________________________ PRESIDED BY : Mr.

JUSTICE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ In the matter of : X Born on: […], 2000 The Director of Youth Protection of Youth and Family Centres A applicant - and - A, the mother - and - B, the father respondents ______________________________________________________________________ JUDGMENT (section 38 of the Youth Protection Act) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court is seized with a motion under

section 38 of the Youth Protection Act dated August 20 th , 2015, requesting that the security or development of the adolescent be declared to be in danger. [ 2 ] The Director alleges the following: 3.1 the adolescent lives with the mother and since more recently, has regular visits with the father every second weekend; 3.2 the adolescent has anxiety and social phobia issues; 3.3 the adolescent has chronic school absenteeism issues;

3.4 the adolescent does not abide the mother’s parental authority, more particularly but not restrictively in that:

a) the adolescent does not get out of bed if the mother is the one to prompt him;

b) the adolescent attends school only if the father drives him there;

c) the adolescent plays video games until late at night against the mother’s instructions; 3.5. the adolescent reluctantly accepts CLSC services and only recently accepted to address his anxiety symptoms; 3.6. youth protection involvement is warranted and supported by the parents; [ 3 ] The Director is recommending that the Court maintain X with his mother and order X’s school attendance as well as other support measures for six months. [ 4 ] The parents are present. They both essentially admit the allegations of the motion but emphasize that things have improved in recent months.

X is also present and generally recognizes the allegations of the motion. [ 5 ] X and his parents agree with the measures proposed by the Director. [ 6 ] The evidence has been established by way of various reports (DYP, school, medical and CLSC) and by the parents’ testimony and X’s admissions. The Court principally retains from the evidence the following facts. [ 7 ] The parents separated in 2010 and X remained with his mother while maintaining relatively regular contact with his father.

For quite some time, the father essentially only saw his son every two weekends. [ 8 ] X began presenting school attendance problems during the 2013-14 school year when he missed over 90 days of school, leading him to fail his school year. [ 9 ] According to the various reports on record, the root problems of his absenteeism are related to shyness, anxiety, dislike of public transportation and school phobia. By all accounts, X is very bright and capable of doing very well academically.

He also does not present unruly behaviour when he is at school. [ 10 ] X tends to isolate himself in his room, including periods where he even urinated in his room to avoid having to leave it. There have been periods where he has spent a lot of time playing video games, sometimes late into the night. [ 11 ] In September 2014, X underwent a psychiatric assessment with Dr. Martin Gauthier (co-signed by Mélanie Caron, MSW) which concludes that he suffers from School Anxiety Disorder.

The authors of this report make the following “dynamic formulation”: “X is currently struggling with numerous psychological ad family stressors that have recently begun to significantly impede his functioning. X is described as a child that suffered from separation anxiety and longstanding anxiety in social situations. X’s anxiety and poor social skills have prevented him from developing a world outside his family. This has affected his self esteem and his confidence in his capabilities and trust of the outside world.

Mother and father have also both struggled with their own anxiety and possible depression leaving X with some emotional neglect and few role models to develop his social skills. Mother especially appears to be struggling with her own anxiety and possible depression leaving her less available for X and unable to motivate him. In addition X appears to have struggled academically for many years without any formal testing to address a possible learning disorder. These factors combined have left X isolated and fearful of life outside his family.

Without having mastered critical developmental steps, X is unable to move forward and create his own world outside his family. X however shows potential for improvement as he is open to treatment and medication.

X’s other protective factors are his humour, his physical health as well as the treating teams and families investment in his care.” (D-2 en liasse, page 4) [ 12 ] Various services have been offered in the last two years to address the issues and get X back in school, but with little success: CLSC school social worker; CLSC psycho-educator; pharmacological treatment; assessments; family counselling. [ 13 ] X’s situation was first signalled to the Director in November 2014. [ 14 ] When the Director began it’s intervention six months later (around early May 2015) X had essentially not attended school from September 2014 to April 2015 at which point his father would pick X up at the mother’s home and drive him to school.

Otherwise, X would not attend school. [ 15 ] The Director concluded that X’s security or development was compromised due to school absenteeism and serious behaviour disturbances. [ 16 ] The plan for this school year (2015-16) was that X would attend a new school with reduced classrooms, something X agreed to. The parents were also hoping that X would meet a psychologist. [ 17 ] There have been some improvements this year but, as was said today, the situation remains a “work in progress”.

Indeed, X is attending school more regularly but is still missing school more often than he should and in addition, he often arrives late. As well, X only met a CLSC educator twice and his file was therefore closed. [ 18 ] The father is currently involved in his son’s life more than ever. He has continued to drive his son to school. He has moved close-by and has his son with him about half the time. [ 19 ] The parents appear to be working together and with the Director to help their son. This is obviously the best recipe for success.

[ 20 ] Both parents are encouraged by the progress in the situation, despite the fact that the underlying issues have yet to be addressed. It appears that the parents are hoping that X will soon resume meeting with his CLSC educator. [ 21 ] From this, it is clear that X’s security or development should be declared compromised because at the time the motion was filed, he was frequently absent from school. As well, he was and still is presenting serious behavioural problems. [ 22 ] The measures proposed today are a minimum in terms of what can be ordered to address X’s difficulties.

An extension of the order can always be sought if need be. CONSEQUENTLY, AND FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the motion; [ 24 ] DECLARES that the security or development of X is in danger for school absenteeism and serious behaviour disturbances; [ 25 ] IN VIRTUE OF THE POWERS CONFERRED UPON THE COURT BY

SECTION 91 OF THE YOUTH PROTECTION ACT: [ 26 ] ORDERS that X remain entrusted to the family milieu; [ 27 ] ORDERS that X receive mental health services to address his anxiety; [ 28 ] AUTHORIZES the Director of Youth Protection to exchange pertinent information with the professionals involved in order to ascertain X’s progress and situation; [ 29 ] ORDERS a person working for Youth and Family Centres A to provide aid, counsel and assistance to the adolescent and the family; [ 30 ] THE WHOLE FOR A PERIOD OF SIX

(6) MONTHS; [ 31 ] ENTRUSTS the situation of X to the Director of Youth Protection of Youth and Family Centres A who shall see that these measures are carried out and these measures may be executed by any peace officer, if necessary. _________________________________ CLAUDE LAMOUREUX, J.C.Q. M e Isabelle F. Loranger Attorney for the applicant M. Jean-Marc Pham (stagiaire) Attorney for the adolescent Judgment rendered verbally on December 9, 2015 CL/nl