2016 QCCQ 18899, 2016 QCCQ 18899

Protection de la jeunesse — 169721 2016 QCCQ 18899 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31050-164 Date: September 29, 2016 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2002 [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 September 29, 2016, 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 fourteen year-old adolescent, based on the neglect to which he has been exposed as well as his serious behavioural disturbances. [ 3 ] The facts alleged in support of the motion dated April 28, 2016 are as follows: 3.1. the adolescent exhibits serious behavioural disturbances, more particularly but not restrictively in that:

a) the adolescent admits consuming marijuana;

b) the adolescent has been caught with marijuana at school;

c) the adolescent has been fighting with peers and teachers;

d) the adolescent has been using intimidation with peers;

e) the adolescent is often absent from home and he has not always been keeping his mother informed of his whereabouts;

f) the adolescent has been associating with negative peers involved with drugs and gangs;

g) on December 3, 2015, the adolescent pleaded guilty to two (2) counts of theft and one (1) count of assault on a security guard;

h) the adolescent received a sentence of thirty (30) hours of community services and one (1) year probation;

i) on April 27, 2016, the adolescent was arrested for robbery, breach of probation and possession of drugs; 3.2. the mother provides little structure at home and does not always consequence the adolescent;

3.3. the mother is overwhelmed with the situation and expresses genuine concerns regarding the adolescent’s involvement in criminal activities; 3.4. the father is minimally involved with the family (reproduced with errors and/or omissions). [ 4 ] The hearing began before the undersigned on May 19, 2016. [ 5 ] The Director then recommended the adolescent’s placement in a rehabilitation center for a period of six months.

The Director also recommended that he benefit from a neuropsychological assessment. [ 6 ] However, given both the adolescent and his mother’s admission of most of the difficulties alleged as well as their apparent determination to redress the situation without resorting to the adolescent’s placement, the Court rendered an interim decision entrusting the adolescent to his mother’s care under certain conditions. [ 7 ] The hearing was scheduled to continue on September 29, 2016. [ 8 ] In light of positive developments in the adolescent’s situation, the Director then recommended that the adolescent remain entrusted to his mother’s care with aid, counsel and assistance, as well as additional corrective measures, for a period of six months. [ 9 ] The mother, assisted by Me Lenis, admitted most of the facts alleged in support of the motion and consented to all the measures proposed at the final hearing. [ 10 ] The father, though duly served, was absent.

Consequently, the Court proceeded in his absence. [ 11 ] The adolescent, assisted by Me Robidoux, also admitted most of the allegations and expressed his consent to the new measures. [ 12 ] The Director filed Exhibits D-1 to D-4 as evidence: D-1: Birth certificate; D-2: Court report, by [Social Worker 1], dated May 12, 2016; D-3: En liasse, neuro-psychological assessment and résumé , by Miglena Grigorova (filed under

section 292 C.C.P.); D-4: Addendum, by [Social Worker 2], dated September 21, 2016. [ 13 ] In

summary, the adolescent and his mother acknowledge that his security and development are in danger for the reasons alleged. [ 14 ] However, despite the gravity of the situation and the extent of the adolescent’s behavioral problems, the mother demonstrated her commitment to meet her son’s needs and is visibly proud of the remarkable progress he has made. [ 15 ] As summarized in the Addendum to the Court Report: […] X has improved his behaviour tremendously. He has complied with all the orders and recommendations of both the YCJA and the Youth Protection. [2] […] X wants to remain at home with his family.

He has demonstrated that he could abide by the rules to achieve this goal. [3] [ 16 ] The adolescent also agreed to the recommended neuropsychological assessment and its conclusions provide insight into the nature of some of his difficulties: […] X may struggle to process and perceive information in an efficient and effective manner, particularly in the visual domain . […] Overall, X’s neuropsychological and attention profile is consistent with a diagnosis of ADHD, combined presentation, moderate to severe severity .

Furthermore, attentional problems may contribute to or exacerbate existing behavioural issues (e.g., oppositional and defiant tendencies), maladaptive coping skills, and social-emotional difficulties. […] He exhibits oppositional and defiant behaviours, but these seem to be more related to attention deficits and impulsivity than to an underlying disorder of conduct . [4] [ 17 ] Numerous suggestions are made to help the adolescent deal more effectively with the challenges he faces.

More particularly, it is recommended that he benefit from an assessment in behavioral optometry and that he receive psychotherapy and mentoring. [ 18 ] Both the adolescent and his mother would also benefit from coaching on ADHD to better understand and manage his symptoms. [ 19 ] 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:

[ 20 ] GRANTS the motion; [ 21 ] 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: [ 22 ] ORDERS that the adolescent be entrusted to the care of his mother; [ 23 ] ORDERS that the adolescent benefit from all healthcare services recommended in his neuropsychological assessement; [ 24 ] RECOMMENDS that the adolescent and his mother work with the professionals identified in the neuropsychological assessment to implement the necessary changes; [ 25 ] ORDERS that the adolescent attend school on a regular basis unless excused by a medical note; [ 26 ] ORDERS that a person working for [Centre A] provide aid, counsel and assistance to the adolescent and his family; [ 27 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 28 ] THE WHOLE for a period of six months.

TAYA DI PIETRO, Q.C.J. Me Myriam De Blois Attorney for the Director of Youth Protection Me Michelle Robidoux Attorney for the adolescent Me Alexandre Lenis Attorney for the mother TD/vl