2021 QCCQ 4500, 2021 QCCQ 4500

Protection de la jeunesse — 212335 2021 QCCQ 4500 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” No: 455-41-001327-204 DATE: February 11, 2021 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF: X Born on [...], 2005 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A Applicant -and- A -and- B Youth’s parents ______________________________________________________________________ JUDGMENT [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.).

Introduction [ 1 ] The Director is requesting that the Court declares the security and development of the youth X in danger for the motive of psychological ill-treatment, educational neglect and serious behavioural disturbances. [ 2 ] As protective measures, the Director recommends that the youth X is entrusted to a rehabilitation centre, to authorize contact with his parents according to the frequency and the modalities determined by the Director, to order that the youth attend school assiduously, the whole with a social follow-up for a period of one year. [ 3 ] At the hearing on February 11, 2021, the parents are present and are not represented by a lawyer.

They express their agreement with the Director’s demand. [ 4 ] The youth’s lawyer, also agrees with the conclusions sought.

Situation of compromission [ 5 ] The parties admit the situation of compromission which can be summarized as follows. [ 6 ] X is fifteen years old and lives with both his parents. [ 7 ] He presents with ADHD and an oppositional trouble with provocation. [ 8 ] The situation reported to the Director is to the effect that X is not going to school despite interventions from his parents and the services of CAFE. [ 9 ] X presents with difficulties in school whether it is for learning capacities or behaviour towards school staff.

[ 10 ] Even if he benefits from one-on-one support and different accommodations, he still requires an adult presence to get organized, start working and complete a task. [ 11 ] The youth also has issues with marijuana consumption. [ 12 ] The oppositional behaviours of the youth increased in the fall of 2020.

He can be verbally violent towards his mother and school staff members, and physically violent towards objects. [ 13 ] This situation presents a certain chronicity as this is the second time that the Director intervenes in the youth and his family’s lives. [ 14 ] In 2018-2019, the youth was entrusted to a group home for a period of almost one year, followed by a period of social follow-up while the youth was at home for another period of nine months. [ 15 ] On one occasion, X threatened his mother with a machete and made death threats to school’s staff members. [ 16 ] The youth had suicidal verbalizations during his crises. [ 17 ] On December 2 nd , he told the school staff that he would kill the DYP worker and police officers if he was to be entrusted to a rehabilitation centre.

He also said he would run away from the centre. [ 18 ] The mother held a disturbing speech towards his son, like wanting that a police officer puts a gun on his son’s temple to force him to go to school or wanting to hit his son with a baseball bat until he agrees to go to school. [ 19 ] As the parents were not able to adequately intervene with their son regarding his behavioural problems and could not keep him at home, the Director seized the Court to obtain a provisional order. [ 20 ] On December 10, 2020, the Court held a hearing on this demand. [ 21 ] The youth testified and admitted he had difficulty controlling his anger. [ 22 ] The Court entrusted the youth to a rehabilitation centre until the final hearing.

The measures [ 23 ] Since his placement in a rehabilitation centre, the professionals involved were able to assess that the youth is in need of rehabilitation interventions.

His social abilities and emotional management need to be worked on. [ 24 ] His psycho-educator states that the youth functions well within the centre’s structure. [ 25 ] His behaviour does not present with little violence. [ 26 ] The fact that the rules are imposed by adults with whom the youth has no emotional involvement with contribute to his good behaviour. [ 27 ] It was recommended that the youth integrates an English resource which he will as of next February 15 th . [ 28 ] After taking into consideration the evidence and the parties consent, the Court finds that the measures recommended are in the youth’s best interest.

FOR ALL THESE MOTIVES, THE COURT: GRANTS the present application according to its amended conclusions on February 9, 2021; DECLARES that the security and the development of the youth X are in danger on the grounds of educational neglect, psychological ill-treatment and serious behavioural disorder; ORDERS the placement of the youth in a rehabilitation centre to be designated by the Director of Youth Protection; AUTHORIZES , in the youth’s favour, contact with his parents according to the frequency and modalities determined by the Director of Youth Protection; ORDERS that the parents inform the Director of Youth Protection on the measures they apply to themselves or their child to end the situation of endangerment; ORDERS that the parents participate actively and with transparency to the measures ordered, to the elaboration of the intervention plan and to social follow-up in order to end the situation of endangerment; ORDERS that the youth attend school assiduously; ORDERS that a person working for CIUSSS A or any other establishment or body provides aid, counsel and assistance to the youth A and his family for a period of one year; ENTRUSTS the situation of the youth A to the Director of Youth Protection to see that the measures are carried out.

__________________________________ PASCALE BERARDINO, J.C.Q. M e Pascale Gauthier Counsel for the DYP M e René Sévigny Counsel for the youth Date of hearing: February 11, 2021 Last Exhibits deposed: D-1 to D-4 Date of written judgment: April 8, 2021