2018 QCCQ 17377, 2018 QCCQ 17377

Protection de la jeunesse — 188411 2018 QCCQ 17377 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] LOCALITY […] « Youth Court Division » N°: 525-41-0 33661-182 Date: August 14, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2001 [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 ) 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 August 14, 2018, 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 seventeen year-old adolescent, based on his serious behavioural disturbances as well as his parents’ limitations in addressing his behavioral problems. [ 3 ] The facts alleged in support of the application dated March 6, 2018 are as follows: 3.1. the adolescent normally lives with his mother; 3.2. recently, the father has been spending more time at the home in order to deal with the adolescent’s behavioural issues; 3.3. the adolescent behaves in such a way as to repeatedly and seriously undermine his physical and psychological integrity, and he objects to steps taken to improve the situation; 3.4. the adolescent is verbally and physically aggressive with the parents; 3.5. the adolescent has been destructive with property in the home; 3.6. the adolescent often remains absent from home without permission and does not return when expected after school; 3.7. the adolescent has expressed suicidal ideation; 3.8. the parents are overwhelmed by the adolescent’s behaviour; 3.9. the adolescent is subjected to unreasonable methods of upbringing by his father; 3.10. on February 24, 2018, the father tried to stop the adolescent from leaving the home without permission, and this led to a physical altercation between them, resulting in police intervention;

3.11. this was the second such physical altercation between the adolescent and the father within a period of two weeks that required police intervention; 3.12. during this most recent altercation, the father pulled the adolescent by the collar, and the adolescent responded by hitting the father multiple times; 3.13. when attempting to intervene, the mother was also struck by the adolescent; 3.14. on February 24, 2018, with the agreement of the adolescent and parents, the adolescent was placed at A Group Home; 3.15. on February 26, 2018, immediate protective measures were invoked and on February 28, 2018, these measures were extended by this Court for a period of five (5) working days; 3.16. since then, the adolescent remained placed at A Group Home; 3.17. the parents do not recognize the negative impact of their response to the adolescent’s behavioural issues (reproduced with errors and/or omissions). [ 4 ] The hearing on the merits began on May 22, 2018. [ 5 ] The Director of Youth Protection then recommended the adolescent’s placement in a rehabilitation center for an interim period of three months. [ 6 ] The parents, who acknowledged most of the reasons for the placement, consented to the proposed measures. [ 7 ] Although the adolescent requested extended periods with his parents, he did not oppose the application. [ 8 ] The hearing was continued on August 14, 2018. [ 9 ] The Director then recommended that the adolescent remain in placement for an additional three months with ongoing social services until he reaches the age of majority on April 9, 2019. [ 10 ] Both parents, as well as the adolescent, strongly opposed his continued placement and argued for his immediate return to his parents’ care. [ 11 ] The Director filed Exhibits D-1 to D-10 as evidence: D-1: Child’s birth certificate; D-2: Court Report, prepared by Anne-Marie Rhéaume, dated April 17, 2018; D-3: Police Report dated February 24, 2018 and Rapport complémentaire , en liasse; D-4: Child’s report card for Term 1 of the 2017-2018 school year; D-5: Child’s absences record, dated May 15, 2018; D-6: Psychological evaluation, prepared by Carolyn Klein, dated July 24, 2018 (filed under 292 C.C.P.); D-7: Neuropsychological assessment, prepared by Dr.

Mariève Corbeil, dated October 6, 2017; D-8: Extracts of the child’s medical file from the Douglas Hospital, dated August 30, 2013, September 18, 2015 and June 19, 2017, en liasse (filed under

article 292 C.C.P.); D-9: […] D-10: Addendum, prepared by Dwayne Sampson, dated August 9, 2018. [ 12 ] In

summary, the parents, who had initially been in favour of the adolescent’s placement, convincingly argued that ongoing support could more effectively be provided to the family with the adolescent in his family environment on a full-time basis. [ 13 ] At the time of the last hearing, the adolescent was already spending over 60% of his time at home.

He is also very involved in sporting activities in the community, playing football four times a week. [ 14 ] Both the adolescent and his parents explicitly stated their willingness to benefit from all services that could be offered to the family and lamented the delays in obtaining many of the services they were eagerly expecting, such as family therapy and anger management services for their son. [ 15 ] There is no reason to doubt the sincerity of their willingness to redress the situation. [ 16 ] Although much work remains to be done to help the family communicate more effectively, without verbal or other forms of aggression, given the parents’ commitment to their son’s well-being and the family’s commitment to work together, extending the placement does not appear to be in the adolescent’s best interest. [ 17 ] It is, however, imperative that services but made available as soon as possible to avoid any escalation of conflict in the family.

[ 18 ] The parents will also need to be mindful of the conclusions of the adolescent’s psychological evaluation and neuropsychological assessment to help him develop his self-esteem, to have realistic expectations of him, to value his strengths and to refrain from any form of verbal or physical violence or denigrating comments. THEREFORE, THE COURT: [ 19 ] GRANTS the application in part; [ 20 ] DECLARES that the security and the development of the adolescent, X , are in danger under sections 38 (b) (1) (iii) and 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: [ 21 ] ORDERS that the adolescent be entrusted to the care of his parents; [ 22 ] ORDERS that the parents collaborate with the worker and the adolescent to establish house rules to be respected in the home; [ 23 ] ORDERS that the adolescent and his parents continue to participate in the Transition Diversion program, including the use of respite for the adolescent as deemed necessary; [ 24 ] ORDERS that the adolescent and his parents follow the recommendations of the psychiatrist, Dr.

E.

Cauchois, as well as the recommendations in the neuropsychological assessment completed by Carolyn Klein; [ 25 ] RECOMMENDS that the parents take steps to better understand the impact that the adolescent’s diagnoses have on his academic performance; [ 26 ] ORDERS that the adolescent benefit from all health and support services required by his condition, more particularly that he benefit from the services recommended in his psychological assessment, including anger management services, as soon as possible; [ 27 ] ORDERS that the family benefit from family therapy, as soon as possible; [ 28 ] RECOMMENDS that a meeting be scheduled, as soon as possible, with the parents and with the author of the adolescent’s psychological assessment so that its content and conclusions may be explained to them in detail; [ 29 ] AUTHORIZES the Director of Youth Protection to share and obtain relevant information from the professionals involved with the family; [ 30 ] 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; [ 31 ] 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; [ 32 ] THE WHOLE until he reaches the age of majority, on […], 2019.

Signed on September 12, 2018 TAYA DI PIETRO, Q.C.J. Me Christine Waldvogel Attorney for the Director of Youth Protection Me Luce James Attorney for the adolescent TD/vl