2022 QCCQ 12831, 2022 QCCQ 12831
Opinion
Protection de la jeunesse — 224595 2022 QCCQ 12831 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF […] No: 525-41-040062-226 DATE: July 13, 2022 ______________________________________________________________________ PRESIDING JUDGE : HONOURABLE ANNIE SAVARD, J.C.Q. ______________________________________________________________________ Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant - and - X Born on […], 2004 - and - A - and – B Respondents ______________________________________________________________________ JUDGMENT [1]
Section 38 Y.P.A. ______________________________________________________________________ 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 is asking the court to declare the security and development of the adolescent in danger under
section 38
f) of the Youth Protection Act . [ 2 ] The adolescent has serious behavioral disturbances and the parents fail to take the necessary steps to put an end to the situation, more particularly in that: • The adolescent is verbally and physically violent towards both parents; • During the past two years, there have been frequent police interventions as a result of the adolescent’s behaviours; • In 2021, the adolescent was charged for assault on the father; • Due to his behavioral issues, on several occasions and for extended periods of time, the adolescent resided outside of the family home, and sometimes in situations where he was exposed to violence and drug use; • On May 14, 2022, the adolescent was reportedly aggressive towards the mother and threatened her; • On the same day, the adolescent was arrested and charged with uttering threats towards the mother; • The adolescent was later transferred to the A Hospital due to mental health concerns where the medical professionals concluded that his behaviours were likely due to a drug induced psychosis; • The adolescent was released with criminal conditions prohibiting him from communicating with the mother, and residing or being in her presence without her consent; • On May 24, 2022, the court ordered the provisional foster care placement of the adolescent in a rehabilitation center; • At the rehabilitation center, the adolescent was observed to be exhibiting strange behaviours; • On May 27, the adolescent was taken to the A Hospital and was subsequently transferred to the B Hospital;
• On June 9, 2022, the court ordered that the adolescent be intrusted to a Hospital Center until such time needed; • The adolescent has severe mental health issues; • Medical professionals have recently evaluated the adolescent and determined that he present a psychotic disorder; • Medical professionals feel that the adolescent continues to require the structure offered by the rehabilitation centre setting; • Medical professionals agrees to discharge the adolescent Monday July 18, 2022 at the condition that he resides in a structure and secure environment; • Both parents are overwhelmed with the adolescent’s behaviours; • Both parents agree to the measures sought by the Director of Youth Protection. [ 3 ] At this point of time, it is clear for the assigned that the adolescent continues to require placement in a rehabilitation centre setting.
THEREFORE, THE COURT: [ 4 ] GRANTS the Application; [ 5 ] DECLARES that the security and development of the adolescent, X , are compromised in conformity with
section 38
f) of the Youth Protection Act ; AND ORDERS THE FOLLOWING MEASURES: [ 6 ] ORDERS that the adolescent be entrusted to a Hospital Center until July 18, 2022; [ 7 ] ORDERS that the adolescent be reintegrated to a rehabilitation center by July 18, 2022; [ 8 ] ORDERS that the frequency and modalities of contacts between the adolescent and his parents be determined by agreement between all parties and supervised if deemed necessary; [ 9 ] ORDERS that the adolescent refrain from all forms of physical or verbal violence; [ 10 ] STRONGLY RECOMMENDS that the adolescent receive individual therapeutic services; [ 11 ] STRONGLY RECOMMENDS that the adolescent continue his psychiatric follow-up or any services deem necessary by his psychiatric; [ 12 ] AUTHORIZES the Director of Youth Protection to obtain and exchange relevant information with professionals involved with the adolescent; [ 13 ] ORDERS that a person working for the Centre Ingégré Universitaire de Santé et de Services Sociaux A to provide aid, counsel and assistance to the adolescent and the family; [ 14 ] THE WHOLE until his age of majority, […], 2022; [ 15 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A, who shall then see that the measures are carried out.
AS/sl Signed in Town A July 22, 2022 __________________________ Annie Savard , J.C.Q. Me Heidi Lechter / AH5587 Attorney of the Director of Youth Protection Me Lilian Stah / AS0DJ0 Attorney of the adolescent Date of hearing: July 13, 2022
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