2018 QCCQ 20006, 2018 QCCQ 20006

Protection de la jeunesse — 1811270 2018 QCCQ 20006 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005757-185 DATE: September 19, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2001 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Applicant v.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] Alleging that X’s behavioural challenges endanger his security and development, the Director of Youth Protection applies for the application of various protective measures for one year as well as his placement in a reception center for the first six months. [ 2 ] His parents subscribe to the Director’s evaluation and recommended orientation.

X generally denies the allegations and although he doesn’t contest the conclusions, sees no reason for the Director’s involvement in his life. [ 3 ] Analysis and decision [ 4 ] The adolescent resides with his parents on a shared custody basis. [ 5 ] For the last couple of years, X’s behaviours become cyclically more difficult, this situation emerging around the time he learned of his adoption. Managing his emotions is a constant challenge. Provocative and oppositional, he gradually withdraws from family life.

The family dynamic suffers. [ 6 ] The issue of X’s adoption has never been fully addressed by the family unit. [ 7 ] Despite a high potential, X starts to struggle in school. Behavioural issues are also recurrent. On a few occasions, he makes homicidal and suicidal verbalisations. [ 8 ] Although there are periods of calm, his behavioural challenges are recurrent and even intensify over time.

On a repeated basis, police interventions occur in relation to X’s outbursts and violence. [ 9 ] X’s parents are able to offer appropriate structure and rules to their son but such can be inconsistent and incoherent, each having different expectations and means of intervention.

They tend to blame the other for X’s behaviours getting out of hand. [ 10 ] On April 25, 2018, the Director retains a complaint in relation to the adolescent’s serious behavioural difficulties. [ 11 ] Their evaluation demonstrates the following: • X refuses to attend school as of May 2018; • X is verbally and physically aggressive on a daily basis, particularly towards his mother;

• X is oppositional and doesn’t respect his parent’s authority; • X doesn’t interact with his family, spending the larger part of his time sleeping, eating or watching television; • Family conflicts occur on a regular basis; • X admits not wanting a relationship with his parents, especially his mother; • X doesn’t see any need for change in his life; [ 12 ] The parents cooperate fully with the Director, actively seeking support and services for X’s behavioural problems.

They recognize the need to change the family dynamic and that they must work together as a team to confront their son’s issues. [ 13 ] In May, X makes homicidal threats in school (attacking the school with a weapon). The police transport him to the Montreal Children’s Hospital for an evaluation. He refuses to authorize his parents to accompany him or to have access to his evaluation. He is discharged later the same day. [ 14 ] The parents are unable to put services in place in reason of X’s attitudes and position.

In view of the increasingly dysfunctional dynamic, they admit being overwhelmed and agree to their son’s placement. [ 15 ] On August 16, 2018, the Director seeks the provisional placement of the adolescent in a reception center. He refuses to come to Court nor to speak to an attorney. The Court designates an attorney to represent his interests.

After the hearing, the Court endorses the Director’s recommendations, which are also the reflection of the parent’s position. [ 16 ] In the reception center setting, X is able to function adequately, although his social abilities remain an issue. [ 17 ] X doesn’t recognize having any significant behavioural issues.

He states being able to function at home if he’s not forced to speak to his parents, demonstrating a limited understanding of his situation. [ 18 ] After evaluating the evidence, the Court determines that the security and the development of the adolescent are in danger in reason of his serious behavioural disturbance which is compounded by his refusal to submit himself to his parent’s authority or services. [ 19 ] The conclusions sought by the Director of Youth Protection are an accurate reflection of the measures required to rehabilitate the situation of endangerment.

Namely, a period of placement serves to accompany X and his family towards addressing their mutual issues, affording a time to overcome his defenses and sentiments of anger. [ 20 ] FOR ALL THESE REASONS, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and the development of the adolescent are in danger in reason of serious behavioral disturbance; [ 23 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation center chosen by Director of Youth Protection A for 6 months; [ 24 ] ORDERS that the parents report periodically to the Director on the measures they apply in their own regard or their child’s regard to put an end at the situation in which the adolescent security and development are in danger; [ 25 ] ORDERS that the adolescent and his parents take an active

part in the application of the measures ordered; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent or his family for one year; [ 27 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Sarah Gaudry Staub Attorney for the Applicant Me Karine P. Poissant Attorney for the adolescent

Date of hearing: September 19, 2018