2019 QCCQ 14961, 2019 QCCQ 14961

Protection de la jeunesse — 1911120 2019 QCCQ 14961 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] LOCALITY […] « Youth Court Division » N°: 525-41-0 35986-199 Date: November 19, 2019 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2005 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) JD2620 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of November 19, 2019, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A filed an Application to declare that the security or development of a child is in danger in the case of X , a fourteen year-old adolescent, based on his serious behavioural disturbances. [ 3 ] The facts alleged in support of the application dated October 3, 2019 are as follows: 3.1. since spring 2019, the adolescent has been the subject of Agreements on Voluntary Measures for issues pertaining to him exhibiting behavioural challenges and has been placed in a rehabilitation centre; 3.2. the adolescent has serious disturbances and objects to steps taken by his parents to put an end to the situation, more particularly but not restrictively in that:

a) the adolescent is diagnosed with autism, dyslexia and disorthographia;

b) the adolescent becomes physically aggressive when tempered (breaking objects and walls);

c) the adolescent threatens to harm others;

e) the adolescent does not abide by the house rules and expectations;

f) the adolescent is registered to a specialized school, A, however the parents struggle to get the adolescent to attend regularly; 3.3. since placement in a rehabilitation centre, the adolescent’s beha-viours have somewhat improved insofar as respecting the rules; 3.4. the family is receiving services from an educator from the CRDI network; 3.5. the adolescent has since voiced his request to return to the parents’ care;

3.6. the parents express, at this point in time, not being in a position to have the adolescent returned to their care; 3.7. the adolescent requires continued rehabilitation centre placement in order to sustain the recent gains made (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to a rehabilitation center with a reintegration to his parents’ care after six months, if the situation allows, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The parents, who chose to proceed without the assistance of legal counsel, admitted all the facts alleged in support of the application, although they added, regarding paragraph 3.4, that they are still waiting to receive services from a CRDI educator.

They also confirmed the accuracy of the Court Report and expressed their consent to all the proposed measures. [ 6 ] The adolescent, assisted by Me Brunet, made a general admission and also consented to the proposed measures. [ 7 ] The Director filed Exhibits D-1 to D-3 as evidence: D-1: Copy of a birth certificate; D-2: Copy of voluntary measures; D-3: Court Report, written by [social worker 1], dated November 12, 2019. [ 8 ] The original document (Exhibit D-1) was only forwarded after the hearing, on January 13, 2020. [ 9 ] In

summary, the family acknowledges the adolescent’s need for specialized services in a group home setting as the adolescent’s behaviors are too challenging for his parents who are also struggling with their own health problems. [ 10 ] However, the family remains close and frequent contacts are encouraged: Since the undersigned has stated to work with the family on July 26, 2019, X has had frequent contacts with his parents. He sees them very often and calls them multiple times during the week. On at least four occasions, X slept over at his parents’ house and spent Thanksgiving and Halloween with them.

X and the parents have voiced that these times spent together were pleasant and without incident. [2] [ 11 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the measures are in the adolescent's interest. THEREFORE, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and the development of the adolescent, X , are in danger under

section 38 (

f) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 14 ] ORDERS that the adolescent be entrusted to a rehabilitation center with a reintegration to the care of his parents after six months, if the situation allows; [ 15 ] TAKES JUDICIAL NOTICE that an appropriate resource within the DI network will be sought by the professionals involved; [ 16 ] RECOMMENDS that the adolescent respect the established behavior contract and refrain from all forms of violence and aggression; [ 17 ] ORDERS that contacts between the adolescent and his parents be determined by agreement between the Director of Youth Protection and the parents, taking into account the adolescent’s wishes and best interest; [ 18 ] ORDERS that the services an educator be available to the family during the adolescent’s visits at home, as requested by the parents; [ 19 ] STRONGLY RECOMMENDS that the family continue to benefit from support services provided by a social worker and educator from the DI network; [ 20 ] STRONGLY RECOMMENDS that the adolescent participate in an anger management program offered by the DI network; [ 21 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with treating professionals working with the family; [ 22 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and his family; [ 23 ] 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;

[ 24 ] THE WHOLE for a period of one year. Signed on January 14, 2020 TAYA DI PIETRO, Q.C.J. Ms. Esther Sterling Articling student for the Director of Youth Protection Me Richard Brunet Attorney for the adolescent TD/vl