2015 QCCQ 10148, 2015 QCCQ 10148

Protection de la jeunesse — 151483 2015 QCCQ 10148 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-029065-141 Date: January 27, 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 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 January 27, 2015, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection A filed a motion to declare that the security and development of a child is in danger in the case of X , a sixteen year-old adolescent, based on his serious behavioral disturbances and problems attending school. [ 3 ] The facts alleged in support of the motion dated November 3, 2014 are as follows: 3.1. as background information, the parents have a custodial arrangement by which the adolescent is to reside with each of them on a shared-custody basis.

Nonetheless, the adolescent ordinarily resides with the mother since June 2014; 3.2. the adolescent is known to the Director of Youth Protection for a report of his situation received on January 31, 2014, for concerns of neglect pertaining to his supervision or support needs.

Such report was accepted but eventually closed on April 3, 2014, with a referral to services in the community; 3.3. on October 6, 2014, the adolescent’s situation was reported to the Director of Youth Protection for allegations of neglect pertaining to his supervision or support needs and for behavioural disturbances; 3.4. in early October 2014, the adolescent was expelled from "A" School due to a lack of attendance and aggressive behaviour on his part and as he was not seeking services for his mental health issues; 3.5. since being expelled from "A" school, the adolescent has not been registered in school; 3.6. the adolescent has not sought counselling services as per his treating professionals’ recommendation at the "A" Hospital and as per the invitation of "A" school to do so; 3.7. the adolescent disobeys the parents’ authority, more particularly but not restrictively in that:

a) the adolescent refuses to get out of bed and refused to do so when supposed to attend school;

b) the adolescent disobeys house rules;

c) the adolescent refuses to do house chores including those that are reasonable for his age;

d) the adolescent yells at the parents;

e) the adolescent refuses to go to bed or eat at times requested by the parents;

f) the adolescent sleeps during the day or several days in a row and has developed eating patterns accordingly; 3.8. the adolescent refuses to collaborate with the youth protection worker, more particularly but not restrictively in that:

a) on October 28, 2014, the adolescent failed to attend a meeting at the youth protection worker’s office;

b) on October 30, 2014, the adolescent stormed out of the home when meeting with the youth protection worker and discussing his issues; 3.9. the parents and adolescent have a history of mental health issues, more particularly but not restrictively in that:

a) in 2013, the adolescent was assessed at the "A" Hospital where signs were observed and pointed towards a narcissistic personality disorder and oppositional defiance disorder with a recommendation for counselling;

b) the mother was diagnosed with a bipolar disorder and is currently medicated for it;

c) the father was diagnosed with cyclical depression and is currently medicated for it; 3.10. the father has alcohol consumption issues but minimizes the extent of his drinking; 3.11. the adolescent reported having observed the father to drink excessively, most often after work; 3.12. the adolescent disclosed to the youth protection worker that due to his father’s drinking isues he feels the need to care for him (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director petitioned the Court on November 4, 2014 seeking the adolescent’s provisional compulsory foster care in a rehabilitation centre.

Although both parents admitted the majority of the facts alleged, they opposed the adolescent’s placement and sought to have him remain in their care. The Court entrusted the adolescent to his parents, recommended that he seek counselling and ordered that he attend school. [ 5 ] Less than a month later, on December 9, 2014, the Director petitioned the Court, again seeking the adolescent’s placement. The adolescent had failed to seek counselling and did not function well in his new school.

However, his father was opposed to the Director’s recommendations and the Court entrusted the adolescent to the care of his father.

The adolescent was ordered to attend a new school, abide by its rules as well as to respect house rules to be determined with the Director of Youth Protection delegate. [ 6 ] At the hearing on the merits on January 27, 2015, before the undersigned, the Director recommended that the adolescent remain entrusted to the care of his father with aid, counsel and assistance for a period of six months. [ 7 ] The parents, who chose to proceed without the assistance of legal counsel, agreed to all the proposed measures, as did the adolescent who was assisted by Me Choquette Stuart. [ 8 ] The Director filed Exhibits D-1 to D-3 as evidence: D-1: Court Report written by [Social worker 1], dated January 20, 2015; D-2: Child’s birth certificate; D-3: Attendance record of the child from "B" Academy, dated January 20, 2015. [ 9 ] Since the date of the last hearing, the adolescent has begun attending a new alternative school with very positive results: Staff at "C" High School report that X has been doing very well and describes him as hard working. [2] [ 10 ] Moreover, his father reportedly stopped drinking, their relationship has improved and the adolescent has been following a productive routine. [ 11 ] As summarized in the Court Report , the goals for the family are as follows: • X must recognize how his behaviour impacts himself and others; • X must demonstrate more positive behaviours, and must be accountable for carrying out with his responsibilities including attending school; • X’s parents must help X create structure and impose consequences if he does not work within this structure successfully; • X’s parents will need to establish a communication manner/pattern that is consistent in addressing the identified elements of risk. [3] [ 12 ] Each of the parties consented to the measures proposed to reach these goals and they appear committed to working together to that end in the adolescent’s best interest.

[ 13 ] Moreover, the adolescent is strongly encouraged to seek counselling to deal with the many changes he has had to face and to perhaps gain better insight into his feelings and behaviour. [ 14 ] Under the circumstances, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the measures are in the adolescent's interest. THEREFORE, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and the development of the adolescent, X , are compromised under sections 38

f) and 38.1

b) 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: [ 17 ] ORDERS that the adolescent be entrusted to his father; [ 18 ] ORDERS that the adolescent respect house rules to be agreed upon by the each of the parties with the assistance of the caseworkers; [ 19 ] ORDERS that the adolescent receive all health care services required by his situation, including mental health services and/or counselling should he decide to seek such services; [ 20 ] TAKES JUDICIAL NOTICE of the father’s interest in benefiting from therapeutic services to improve his relationship with his son and, consequently, RECOMMENDS that the father and his son benefit from such services, as quickly as possible; [ 21 ] ORDERS that the adolescent continue to attend "C" High School; [ 22 ] ORDERS that a person working for [Youth and Family Centres A] provide aid, counsel and assistance to the adolescent and his family; [ 23 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 24 ] THE WHOLE for a period of six months.

TAYA DI PIETRO, Q.C.J. Me Heidi Lechter Attorney for the Director of Youth Protection Me Maria Choquette Stuart Attorney for the adolescent TD/vl