2018 QCCQ 20190, 2018 QCCQ 20190

Protection de la jeunesse — 1811640 2018 QCCQ 20190 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division »

N° : 505-41-009214-182 DATE : October 11, 2018 ______________________________________________________________________ BY THE HONOURABLE JUDGE FRANCINE GENDRON ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -and- X , born on [...], 2003 Adolescent -and- A , JG2494 Mother -and- B , Father ______________________________________________________________________ JUDGEMENT Section 95 (1) 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to declare the security and development of the adolescent in danger for serious behavioral disturbance. [ 2 ] X is entrusted to a rehabilitation centre since September 4 th , 2018, following a familial crisis.

The parents felt that they couldn’t ensure their daughter’s safety in a situation where she repeatedly verbalises suicidal thoughts. [ 3 ] The Director recommends to entrust the adolescent to a rehabilitation centre for six months with a social follow-up for the same time. [ 4 ] The parents and the adolescent agree with the measures proposed by the Director.

CONTEXT [ 5 ] The parents are divorced since 2009 and share custody of X and her older brother, Y, 17 years old.

There is no conflict between them regarding their children. [ 6 ] On September 5 th , the Director retained a report concerning X with regards to serious behavioral disturbances as well as a situation of physical abuse by the father. [ 7 ] The adolescent has a diagnosis of Borderline Personality Disorder (BPD) and Attention Deficit Disorder (ADD). [ 8 ] She has been dealing with suicidal thoughts for several years and has been hospitalized on four occasions (once in 2016 and twice in 2018) for those kind of verbalisation and angry outbursts.

On May 2018, she was hospitalized following an attempt to commit suicide by ingesting a large number of ADD pills. [ 9 ] The situation worsened in the last year. When faced with limits, she acts out by being verbally abusive and can be physically aggressive as well.

Her excess of anger or mood swings leave both her homes in an atmosphere of tension and stress. [ 10 ] Arguments can quickly deteriorate and X and her parents can lose control. [ 11 ] On two occasions, the father went physical towards the adolescent. [ 12 ] On August 13th, 2018, following an argument, the father picked her daughter up and she gripped him by the throat. The father then put her down and pinned her by the throat against the wall. [ 13 ] The second instance occurred on September 4 th following another argument. X stuck her finger in her father’s cheek and he slapped her in the face.

There was a police intervention that night and the adolescent was hospitalized for suicidal verbalisations. [ 14 ] It is at that time that the parents felt that they couldn’t ensure their daughter’s safety and asked for her placement. [ 15 ] The adolescent was then placed in a rehabilitation centre in application of an emergency measure. ANALYSIS [ 16 ] The adolescent is has been dealing with behavioral issues at home and at school for a long time. [ 17 ] She has been receiving professional services for several years. On June 2018, Dr.

Jean-Jacques Breton, a pediatric psychiatrist, who diagnosed the ADD, recommended specific follow-up by a psychologist. [ 18 ] X has then seen Dr. Alain Janelle, a psychologist who is specialized in dealing with people diagnosed with BPD, but didn’t really comply. [ 19 ] Since her placement in rehabilitation centre, she accepts to participate in a therapy for her diagnosis of BDP. [ 20 ] Dr. Breton made a referral for services at the Day Hospital at the Douglas Mental Health University Institute.

We don’t know yet if X is admissible to this three month therapy, but if not, there is not a lot of services offered in English in the public health system for her. [ 21 ] Dr. Janelle would be a good alternative, but has a private practice. At the request of the Court, the caseworker will try to find a way to help the parents regarding that issue. [ 22 ] The parents are very concerned about their daughter’s well-being.

Over the years, they tried to do their best, but recognize that they are not equipped to deal with her difficulties. [ 23 ] After evaluation, the Director considered that the facts were not founded with regards to a situation of physical abuse. The Court agrees with that conclusion. [ 24 ] While the actions posed by the father are unacceptable, they occurred twice in a crisis situation.

The father accepts full responsibility and requested assistance immediately after the first incident (CAFÉ). [ 25 ] Also, both parents are aware that that kind of situations cannot be repeated and are willing to educate themselves about their daughter’s diagnosis as well as how to accompany her in the future. [ 26 ] The objective of the Director’s intervention is to return X in her familial milieu as soon as possible. [ 27 ] For now, it is essential for X to stay in a neutral environment during her next month’s therapy.

During that time, the Director will help the parents to adapt their intervention to their daughter’s needs and become consistent in regards to their parenting strategies. [ 28 ] After receiving the admissions, after considering the reports produced, the testimony heard and the adolescent’s interest, the Court believes that the situation adduced in evidence gives rise to protective measures. FOR THESE REASONS, THE COURT: [ 29 ] GRANTS the present application; [ 30 ] DECLARES the security and the development of the adolescent X in danger for serious behavioural disturbance;

[ 31 ] ORDERS that the adolescent X be entrusted to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A; [ 32 ] ORDERS that the adolescent and her parents take an active

part in the application of the measures ordered, specifically in participating in the intervention plan decided with the Director of Youth Protection; [ 33 ] ORDERS that the contacts between the adolescent and her parents be upon agreement between the parties; [ 34 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 35 ] ENTRUSTS the situation of the adolescent X to the Director of Youth Protection A for the execution of the present judgment; [ 36 ] THE WHOLE , for a period of six (6) months.

Signed on October 23 rd 2018 _________________________________ Francine Gendron, J.C.Q. Mtre. Julie Langlois D.Y.P.’s Lawyer Mtre . Annabelle Faubert Adolescent’s Lawyer Hearing Date : October 11, 2018