2018 QCCQ 15708, 2018 QCCQ 15708

Protection de la jeunesse — 186701 2018 QCCQ 15708 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Child Division No: 760-41-005732-188 DATE: August 24, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2001 Child ______________________________________________________________________ THE DIRECTOR OF CHILD PROTECTION OF LE CENTRE JEUNESSE A Applicant v.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Child 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 the security and the development of the child X are in danger in reason of his serious behavioural difficulties, the Director of Child Protection seeks the application of various protective measures until his majority. [ 2 ] His parents consign their admissions and subscribe to the Director’s evaluation and proposed orientation.

The child’s attorney, operating under a legal mandate, declares also being in agreement with the conclusions. [ 3 ] Analysis and decision [ 4 ] X lives with his parents. Diagnosed with non-verbal autistic spectrum disorder, his communication is limited using only key words. [ 5 ] The child presents various behavioural challenges associated with his autism. At the onset of his adolescence, his behavioural issues intensify. He is hospitalized numerous times in relation to episodes of violence. [ 6 ] In the past, the family benefit from various services, but are inconsistent as to their involvement.

The parents are reluctant to follow recommendations, namely as to placement and/or medication for their son. [ 7 ] The parents adopt different means of dealing with their son’s behavioural difficulties, leading to inconsistencies as to structure and routine. [ 8 ] In the last months X becomes progressively oppositional and aggressive.

Crises occur on a regular basis, which can include throwing objects, hurting himself or being physically violent towards his family members. [ 9 ] On May 24, 2018, a police intervention and X’s hospitalization is required when he hits his mother, throws objects and tries to run away from the house. [ 10 ] The Director of Youth Protection proceeds to the evaluation of the child’s situation in July 2018, in regards to a complaint in relation to his behaviours. [ 11 ] The parents cooperate with the evaluation process. They name being overwhelmed by their son’s behaviours.

Despite their avowed reluctance, they accept to consider his placement and recourse to medication. [ 12 ] On July 17, 2018, the Court renders a provisional order entrusting the child to a rehabilitation center. In this environment, he is

able to follow the routine, but continues to exhibit aggressive behaviours, especially before structure or a refusal. [ 13 ] Since his placement, a specialized psycho-educator accompanies the child with the objective of integrating better ways for him to communicate and find strategies to deal with his emotions in a healthy manner. [ 14 ] X’s behavioural difficulties are serious and complex in nature and compromise his security and development.

Although his parents are dedicated to his well-being, they require accompaniment to find adjusted means to respond to the challenges in place, while working towards helping their son finding better means of dealing with frustration and structure. [ 15 ] With the follow-ups now in place and the continued cooperation of the parents, the rehabilitation process can proceed in the X’s family environment.

As such, the conclusions sought reflect the child’s best interests as well as the objectives of the law. [ 16 ] FOR ALL THESE REASONS, THE COURT: [ 17 ] GRANTS the application for protection; [ 18 ] DELARES that the security and the development of the child are in danger in reason of his serious behavioural disturbance (article 38f) Child Protection Act) ; [ 19 ] ENTRUSTS the child to his parents; [ 20 ] ORDERS that the parents report periodically to the Director of Child Protection on the measures they apply in their own regard or their child’s regard to put an end to the situation which endangers his security or development; [ 21 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 23 ] THE WHOLE until his majority on [...], 2019; [ 24 ] ENTRUSTS the situation of the child to the Director of Child Protection A for the execution of the present order. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Anne-Catherine Bujold Attorney for the Applicant Me Karine P. Poissant Attorney for the child Date of hearing: August 24, 2018