2015 QCCQ 19476, 2015 QCCQ 19476

Protection de la jeunesse — 154703 2015 QCCQ 19476 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-028011-146 Date: November 9, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 1998 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of Youth and Family Centres A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.Q., C. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of November 9, 2015, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for extension of an order rendered by the undersigned, on April 2, 2014, whereby the now seventeen year-old adolescent, X , was entrusted to his mother with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the Motion for extension dated March 26, 2015, are as follows: 3.1. the adolescent has remained in his mother’s care; 3.2. the adolescent has spent extended periods in the care of the maternal grandparents; 3.3. the adolescent continues to demonstrate certain behavioural issues; 3.4. the adolescent does not follow house rules and does not respect the mother’s authority; 3.5. the adolescent is physically aggressive with his younger brother; 3.6. the adolescent consumes marijuana on a regular basis; 3.7. in May 2014, the adolescent was caught with shoplifting at the Bay; 3.8. in June 2014, the adolescent stole jewelry from the maternal grandmother and pawned it; 3.9. in July 2014, after suffering a break up with his girlfriend, the adolescent ingested a mix of street drugs and prescription medication as a suicidal gesture, and was admitted to the Montreal Children’s Hospital; 3.10. subsequent to an evaluation, after two days of hospitalization, the adolescent returned to the mother’s care; 3.11. in late August 2014, the adolescent was again brought to hospital by police after threatening suicide, but was discharged on the

same day with a referral for out-patient services; 3.12. the adolescent continues to have behaviour and academic difficulties at school; 3.13. the mother has difficulty setting appropriate consequences for the adolescent; 3.14. the relationship between the adolescent and the mother remains periodically conflictual; 3.15. the mother has often considered asking for placement of the adolescent, feeling that he uses threats of self-harm to manipulate the situation; 3.16. the mother has declined offers for ongoing services to assist in improving their relationship; 3.17. the father refuses to participate in the intervention; 3.18. the father stated that he will not reach out to contact the adolescent but would accept him back if the adolescent himself would choose to reconnect and to return to his care; 3.19. the adolescent stated that he no longer wished to maintain contact with his father; 3.20. the adolescent remains on a waiting list for therapeutic services; 3.21. ongoing monitoring and intervention are required (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to the care of his mother, with aid, counsel and assistance, as well as additional corrective measures, until he reaches the age of majority, on […], 2016. [ 5 ] The mother, assisted by Me Grondin, admitted most of the alleged facts and consented to the proposed measures. [ 6 ] The father, although duly advised of the proceedings, chose not to appear and the Court proceeded in his absence. [ 7 ] The adolescent, assisted by Me Hamel, admitted most of the alleged facts and also consented to the proposed measures. [ 8 ] The Director filed Exhibits D-1 to D-3 as evidence: D-1: Psychological Assessment, prepared by Reida Real Reyes, dated May 30, 2014; D-2: Court Report, prepared by [social worker 1], dated March 24, 2015; D-3: Addendum, prepared by [social worker 1], dated November 4, 2015. [ 9 ] In

summary, the evidence establishes the facts alleged in support of the motion and the need for continued services. [ 10 ] However, the mother proudly indicated at the hearing that the adolescent has made significant improvements regarding his behavior at home. He has also been actively participating in bi-weekly art therapy sessions over the past month that are proving to be very helpful. [ 11 ] The adolescent and his mother are waiting for family therapy to be made available and the adolescent intends to register for adult education. [ 12 ] As a result, the overall situation appears to have improved considerably.

However, the family must remain mindful of the adolescent’s needs and vulnerabilities, as more fully described in his psychological assessment. The adolescent and his mother are strongly encouraged to meet with the author for a detailed explanation of its content. [ 13 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of the adolescent, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 16 ] ORDERS that the adolescent remain entrusted to his mother; [ 17 ] ORDERS that he receive all health care services required by his condition, more particularly ORDERS the mother to ensure that whatever steps need to be taken for him to obtain his Medicare Card are completed within ten days; [ 18 ] TAKES JUDICIAL NOTICE of the mother’s undertaking to do so; [ 19 ] ORDERS that the adolescent undergo a medical assessment, as soon as he obtains his Medicare Card, more particularly that his iron levels and thyroid be tested, as recommended at Exhibit D-1, page 26;

[ 20 ] TAKES JUDICIAL NOTICE of his consent and of the mother’s undertaking to ensure that he do so; [ 21 ] STRONGLY RECOMMENDS that the adolescent and his mother benefit from an interview with the author of the psychological assessment so that it may be explained to them in detail; [ 22 ] STRONGLY RECOMMENDS that the adolescent continue to follow his art therapy TAKING JUDICIAL NOTICE that the service is available for a full year; [ 23 ] TAKES JUDICIAL NOTICE that he has been attending art therapy sessions consistently twice a week, for the past month; [ 24 ] RECOMMENDS that the adolescent and his mother participate in family therapy to improve their relationship, as soon as possible; [ 25 ] RECOMMENDS that the adolescent attend classes in order to fulfill the eligibility requirements to be admitted to the vocational program of his choice TAKING JUDICIAL NOTICE of the mother’s undertaking to register him by November 22 nd ; [ 26 ] ORDERS that a person working for Youth and Family Centres A provide aid, counsel and assistance to the adolescent and his family; [ 27 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of Youth and Family Centres A, who shall then see that the measures are carried out; [ 28 ] THE WHOLE until he reaches the age of majority, on […], 2016.

TAYA DI PIETRO, Q.C.J. Me Sym Davis Attorney for the Director of Youth Protection Me Robert Hamel Attorney for the adolescent Me Guy-Luc Grondin Attorney for the mother Date of hearing: June 2 and November 9, 2015. TD/vl