2015 QCCQ 20807, 2015 QCCQ 20807

Protection de la jeunesse — 157283 2015 QCCQ 20807 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000020-158 DATE: August 18, 2015 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2003 X , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, A district; Applicant and A , residing and domiciled in Town A, A district; Mother and B , residing and domiciled in Town B, B district; Father ______________________________________________________________________ JUDGMENT ( Sections 76.3 and 76.4 , Youth Protection Act , CQLR. c.

P-34.1) ______________________________________________________________________ [ 1 ] After the filing of a motion asking the Court the provisional compulsory foster care of X, born on [...], 2003, according to

section 38 of the Youth Protection Act , the parties submitted to this Court a Draft Agreement on measures to put an end to the situation that compromises the security and development of the youth. [ 2 ] The youth was represented by a lawyer. [ 3 ] The Draft Agreement states that the consent of the parties present at the hearing was given in a free and enlightened manner. The validity of the consent was confirmed at the hearing. They acknowledge the facts that endanger the security and development of the youth and the draft detailed these facts : 4.1.

This family is known from the Youth Protection since last two years; 4.2. X’s brother is also followed by the Director of Youth Protection and had been placed on December 11, 2014, in rehabilitation with a Court order because of his behavioural disturbances, as it appears from his Court file numbered 614-41-000020-158; 4.3.

The child is displaying behavioural disturbances notably : 4.3.1 Not respecting the rules; 4.3.2 Not respecting curfew; 4.3.3 Not respecting authority; 4.3.4 Not telling about her whereabouts; 4.3.5 Staying out late or not coming back home at night for days; 4.3.6 Smoking weed sometimes; 4.3.7 Drinking alcohol sometimes; 4.3.8 Sniffing gas once; 4.3.9 Not attending school regularly; 4.3.10 Stealing sometimes; 4.4 The child only have 11 years old and did admit smoking weed and drinking alcohol and also sniffing gas; 4.5 During January 2015, a provisional agreement was signed for the youth to be entrusted to a rehabilitation center, more specially to

the Town A Group Home; 4.6 During her placement of 30 days, the child had extreme violent behaviours with the staff of the Group Home; 4.7 She ran away many times from the Group Home; 4.8 At the end of the provisional agreement, the mother was in agreement for her daughter to remain at the Group Home and was to sign voluntary measures; 4.9 However, the mother decided later to pick up her daughter directly at the Group Home because she was not in agreement anymore; 4.10 The mother wanted to try to manage her daughter at home but the youth wasn’t listening to her mother; 4.11 On March 23, 2015, the youth came to the Town A Youth protection Office in crisis with her suitcase; 4.12 The child was not attending school for the last two weeks; 4.13 The child explained to the Director of Youth Protection that she’s out of control and that her mother has no control on her; 4.14 Immediate protective measures were taken and the child had to be placed in a rehabilitation center; 4.15 However, when she was brought to the Group Home, she ran away immediately when she get out of the car; 4.16 The police had to be called in order to help the Director of Youth Protection to find her; 4.17 The child was nowhere to be found until March 25, 2015; 4.18 On March 26, 2015, the child had a very violent seizure and had to be brought to the Town A Hospital; 4.19 The child was totally uncontrollable with very violent physical and verbal behaviours; 4.20 The child was putting herself and other people at risk and therefore, she had to be put in an isolation room; 4.21 The health professionals had to inject her high dose of medication to calm her down; 4.22 It took seven people to control the youth and give her the medications; 4.23 Her seizure was so important that medication equivalent to the medication given to patients with psychotic seizures had to be necessary in order to calm her down; 4.24 This is not the first time that the child had that kind of seizures that requested both pharmaceutical and mechanical restraints; 4.25 During the evening of March 26, 2015, the Director of Youth Protection learned from the professionals following the child that they refused the child to be released from hospital because of her state and episodes; 4.26 The professionals are requesting for an emergency psychiatric assessment for the child; 4.27 It is possible that the child has to be Medevac to have further assessments; 4.28 The mother can be overwhelmed by the situation; 4.29 The father is not involved in the life of his daughter; 4.30 On Friday, March 27, 2015, the Court of Quebec rendered a decision under

section 47 of the Youth Protection Act to extend the immediate protective measures; 4.31 The youth was entrusted in rehabilitation center and the Director of Youth Protection had to provide all health services required for the youth; 4.32 On March 28, 2015, the youth ran away from the hospital; 4.33 She entered in the house of relative or friend to take clothes; 4.34 The police apprehended the youth and brought her back to the hospital; 4.35 The youth is continuously on medication to calm her down; 4.36 She is violent with the professionals of the hospital and she needs constant supervision; 4.37 The youth is also fighting her medication; 4.38 The health professionals diagnosed the youth with an oppositional defiant disorder; 4.39 The youth reacts to her hospitalization and to the medical staff;

4.40 When she’ll be out of the hospital and placed in the rehabilitation center, she will no longer required medication; 4.41 However, the youth needs to be stabilized and needs to be entrusted to a place where she will have structure, constant supervision and routine; 4.42 Moreover, the professional believed that the youth needed to be out of the community; 4.43 The youth admits again consuming gas, alcohol and drugs during her stay at the hospital; 4.44 The health professionals had made a referral for the youth to be assessed by a psychiatrist; 4.45 On Monday, March 30, 2015, evening, the youth was discharged from the hospital and it was planned for her to be Medevac under medication to the rehabilitation center in Mistissini; 4.46 Since, the youth is placed in the rehabilitation, she’s doing better and her situation is stabilized; 4.47 However, the youth admits that she needs more help and tools to learn how to manage her issues; 4.48 The mother is in agreement with the placement in rehabilitation center; 4.49 The mother is in agreement to receive services from her psychoeducator; [ 4 ] The measures proposed are the following : − Implements the present Draft Agreement; − Declares that the security or development of the child is in danger; − Orders the following measures; − Orders that the child be placed in a rehabilitation center for a period of five months and a possible reintegration with the mother after three months if the situation allows it; − Orders that the contacts between the mother and the child be favoured and supervised by the Director of Youth Protection as for frequency and modalities; − Orders the mother to seek help to learn how to better deal with X’s situation for example with a psychoeducator; − Orders that X receive a psychological follow-up and follow the psychologist recommendations; − Orders that aid, counsel and assistance be provided to the youth and the parents for a period of 12 months; − Orders the police to collaborate with the present judgment; [ 5 ] The Court is of the opinion that the measures are likely to put an end to the situation and respect the rights and interest of the youth.

FOR THESE REASONS, THE COURT: [ 6 ] IMPLEMENTS the present Draft Agreement; [ 7 ] DECLARES that the security or development of the child X, born on [...], 2003, is in danger; [ 8 ] ORDERS that the child be placed in a rehabilitation center for a period of five months with a possible reintegration with the mother after three months, if the situation allows it; [ 9 ] ORDERS that the contacts between the mother and the child be favoured and supervised by the Director of Youth Protection as for frequency and modalities; [ 10 ] ORDERS the mother to seek help with a psychoeducator to learn how to better deal with X’s situation; [ 11 ] ORDERS that X receive a psychological follow-up and follow the psychologist recommendations; [ 12 ] ORDERS that aid, counsel and assistance be provided to the youth and the parents for a period of 12 months; [ 13 ] ENTRUST the situation of the child to the Director of Youth Protection for the execution of the present judgment; [ 14 ] ORDERS the police to collaborate with the execution of the present judgment if requested.

__________________________________ RENÉE LEMOINE, J.C.Q. Mtre Myriam Gaudreault For the child Mtre Gabriel Gaudreault For the applicant Mtre Michel Grenier For the mother Date of hearing : July 9, 2015