2011 QCCQ 6027, 2011 QCCQ 6027

Protection de la jeunesse — 11350 2011 QCCQ 6027 JG0696 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] LOCALITY [...] “Youth Division” N o : 610-41-000433-094 DATE: January 18, 2011 ______________________________________________________________________ PRESENT: THE HONOURABLE GILLES GENDRON J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], exercising her profession at the Centre Jeunesse A, having a place of business at [...], town A, District A, [...] Petitioner -and- X, domiciled and residing at [...], town B, district A, [...] Youth -and- A AND B, domiciled and residing at [...], town B, district A, [...] Parents ____________________________________________________________________ JUDGMENT (

Section 95 Youth Protection Act, R.S.Q., chap. P-34.1 ) [ 1 ] The Court is seized of a petition to review a decision concerning X, born on [...], 1995. On September 10, 2010, the honourable Richard Laflamme, JCQ, ordered the implementation of the measures mentioned in the draft agreement signed by the parties, for a period of one year, entrusting the youth to his parents with other measures of help.

Today, the applicant recommends that the youth be entrusted to a rehabilitation center for a period of one year and that help be provided to this family for 18 months. [ 2 ] The youth and the parents were present in the Courthouse at the beginning of the day, but the parents left in the afternoon, before the hearing, being too sad and upset by the allegations. The youth was present and represented. He admitted all the allegations,

except for one that nevertheless has been proven.

He disagrees with the recommendation of placement. [ 3 ] The Court has the evidence that the review and the extension of the last decision is necessary because: • Since then, the adolescent was living with his parents and his pregnant girlfriend; • For the past few weeks, once again the adolescent displayed serious behaviour disturbances; • On November 3, 2010, after he had an argument with his girlfriend, he broke the glass shower door of his parent’s domicile; • After the event occurred, the mother clearly said to the adolescent that she would not tolerate such behaviour anymore; • On November 24, 2010, once again, the adolescent had an argument with his girlfriend and he threw his girlfriend’s belongings out of the house, broke a mug, made two holes on a wall, broke his bedroom window and broke a clock; • He also scratched his chest by himself; • The same day, the director of youth protection took immediate protective measures and sent the adolescent in a rehabilitation center; • The mother clearly asserts that she does not want to take the adolescent back at her place. [ 4 ] The analysis of the situation [1] made by the applicant will be so helpful for any future worker that the Court judges that it is necessary to quote it.

This family has been in crises for the past 2 years. There would be good periods and we have no emergency interventions, however, it would not last longer then 3 months. We have been court for this family 7 times since the April 2010 with all different measures, entrusted to the father, entrusted to the grand-parents, then back to the parents, then placement in a rehabilitation center for a short period of time, then placement in foster family. X has been bouncing around like a ball from place to place for the past year. X has not known any stability in his life since April 2010.

He has trust issues, anger issues, a lot of Young offender’s charges, and he does not receive the real treatment that he needs, which is an intensive anger management therapy. Even with his medication, his behaviour can escalate very easily. Also, we can not forget that X was evaluated by a psychologist in March 2010 and he was diagnosed with: in Axe I, Attention deficit hyperactive disorder, Conduct disorder, and in Axe II, his personality profile suggests that Antisocial and Schizoid features may be at play.

The psychologist suggests that X receives a Cognitive Behavioral approach and the Rehabilitation Center could provide this type of therapy to him. X needs medication to function daily. He was prescribed Concerta and this medication has proven it’s affect in the short period of time that X takes it. However, X had problems taking his medication regularly like ordered by the paediatrician, because his not consistent in his medication. This family has suffered enough and they need help. The rehabilitation center is the only solution for X’s rehabilitation and they can be intensive in their interventions.

He needs a whole team surrounding him to be able to provide all of the help he needs to become an adult in a few years. X agreed to get help with any program that we could offer him. He wants to change and his main concern and motivation is his unborn baby. He does not want to hurt this little baby and he knows that they are very vulnerable. His 20-year-old pregnant girlfriend, C, also has been through enough stress with X’s mood swings. X knows that this stress is not good for an unborn baby however, his impulsivity could take control of his good intentions. As for the parents, they have had enough.

They want their son out of the home so that he can get the help that he deserves. Their house is the victim of X’s aggressiveness and violence, walls are damaged, furniture and windows are broken and the family truck also is damaged. When he begins his feeling angry inside of him, he cannot stop himself.

He needs to release his feelings and acquire good tools with the Cognitive Behavioral therapy that the Rehabilitation Center can provide for him X will have a big year ahead of him and will need all the support that professional can give. ( sic ) [ 5 ] The Court has evidence that the youth denies having sexually abused his sister D (he was never prosecuted). He is presumes innocent, but new events occurred and, as judge Marc E. Grimard said in his last judgement [2] concerning the youth, it is still necessary that he not be left alone with his sister. THEREFORE, THE COURT: GRANTS the petition;

MAINTAINS that the situation of X, born on [...], 1995, is still compromised in regard to

Section 38 YPA; ENTRUSTS the youth to a rehabilitation center, chosen by the institution operating a child and youth protection centre, for one year; ORDERS • that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s parents for a period of 18 months, • that the youth and his parents take an active

part in the application of the measures ordered by the tribunal, • that the youth receive specific health care and health services such as a psychological follow-up and a psychiatric follow-up for his medication, • that the youth attend school or another place of learning or participates in a program geared to developing skills and autonomy, • that all contacts between the youth and his sister D be under the supervision and in the presence of the parents or another adult, • that the contacts between the youth and his parents be under the supervision of the youth protection; AUTHORIZES the exchange of information between professionals concerning the youth’s situation; ENTRUSTS the youth's situation to the Director for the enforcement of this enactment; ORDERS any peace officer to collaborate to the execution of the present order, if requested. __________________________________ GILLES GENDRON, J.C.Q.

M e Julie Lemire Attorney for the petitioner M e Marc Ouimette Attorney for the youth Date of hearing: January 14, 2011