2022 QCCQ 11289, 2022 QCCQ 11289

Protection de la jeunesse — 223206 2022 QCCQ 11289 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 614-41-000376-188 DATE: June 14, 2022 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [INTERVENANTE 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in […]; Applicant and X, born on […], 2006; Youth and A, Mother and B (deceased) , Father ______________________________________________________________________ JUDGMENT (sections 95 of the Youth Protection Act ) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth A (the Director) asks the Court to review the decision rendered on May 19, 2021, in the situation of X, 15 years of age. [ 2 ] He asks for the youth’s placement in a rehabilitation centre for a period of one year with various services. [ 3 ] The mother and the youth are present to the hearing, assisted by Me Marie-Josée Ayoub and Me Yan Massé.

Me Madalena Lempicka represents the applicant. [ 4 ] The parties admit many allegations and agree with all the main recommendations. [ 5 ] A revision report and a copy of the sentence rendered under the Youth Criminal Justice Act are filed. [ 6 ] Since May 2021, X is placed at Reception Centre A and his situation does not improved. He still exhibits important problematic behaviors. Regularly, he puts himself and others at risk.

He does not respect the rules there, and is often leaving without permission. [ 7 ] Even at that Centre, the youth is aggressive towards staff members and peers. [ 8 ] He met the psychologist but refused to discuss his relationship with his mother. [ 9 ] X is taking medication for ADHD, including emotional dysregulation and impulse control issues. [ 10 ] On March 28, 2022, he was sentenced to a period of custody and supervision of 12 months for assaults. [ 11 ] Since the last judgement, the youth was allowed some visits to his mother.

Last August 2021, X did not respect the rules there and the mother at one point signaled him for AWOL. [ 12 ] He was missing for 10 days and he was found at his father’s residence. The father had not reported his son even when he was notified X was missing. [ 13 ] When arrested, X managed to have run away from the police during his transportation to the Reception Centre B. He was found intoxicated and had to be detained until his transportation back to [reception Centre A]. [ 14 ] Despite all the services provided X’s situation is not improving.

He met with psychologist, psychiatrist and was diagnosed with conduct disorders, substance abuse (marijuana) and depressive symptoms caused by substance abuse.

[ 15 ] Due to the known family history, and the recent death by suicide of his father, it would be appropriate to complete the adolescent’s psychiatric evaluation and offer him the services required. [ 16 ] The mother now agrees with the measures but she did not offer a good collaboration with the Director. [ 17 ] Her support and collaboration are urgently required, for her son. The people involved with her son must obtain more information about his experience and must be able to count on her support to motivate X to obtain the care and rehabilitation services he required.

CONSIDERING THE WHOLE EVIDENCE, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and development of X are still in danger; [ 20 ] ORDERS the placement of X in a rehabilitation centre for 12 months; [ 21 ] ORDERS the Director to provide psychiatric evaluation and follow-up if required; [ 22 ] RECOMMANDS the youth to continue his follow-up with the psychologist and attend all scheduled appointments; [ 23 ] ORDERS the Director to supervise the contacts between the youth and his mother, for the frequency, duration and supervision by third party; [ 24 ] ORDERS the Director to provide aid, counsel and assistance to the youth and his mother for one year; [ 25 ] ORDERS the mother and the youth to collaborate actively with the Director; [ 26 ] RECOMMANDS the mother to attend therapy for her personal issues; [ 27 ] ORDERS any police officer to collaborate to the execution of this enactment if required by the Director; [ 28 ] AUTHORIZES the Director to share and obtain information with the professionals and services providers working with the youth and his mother; [ 29 ] ENTRUSTS the situation of the children to the Director who shall then see that the measures are carried out.

Signed on June 23, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Magdalena Lempicka Me Magdalena Lempicka Counsel for the applicant Yan Massé Centre communautaire juridique a Counsel for the youth Marie-Josée Ayoub Ayoub Avocats inc Counsel for the mother Date of hearing: June 14, 2022