2017 QCCQ 17313, 2017 QCCQ 17313

Protection de la jeunesse — 177711 2017 QCCQ 17313 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000658-153 DATE: October 13, 2017 ______________________________________________________________________ BY THE HONOURABLE MARIE-CLAUDE BÉLANGER, J.C.Q. ______________________________________________________________________ MRS [SOCIAL WORKER 1], exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at [...] in City A, district A, [...] Applicant -and- X, residing at [...] in City B, district B, [...] Adolescent -and- MRS A, domiciled and residing at [...] in City C, district A, [...] -and- MR B, domiciled and residing at [...] in City D, district A, [...] Father ______________________________________________________________________ JUDGMENT (Sec. 95 (1 and 2) and 75 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 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection submits a motion for review and extension of a decision rendered on September 6, 2016, in which the youth was entrusted to his mother. [ 2 ] Considering recent events, the Director recommends that the youth be entrusted to a rehabilitation center followed by an integration with his maternal aunt, C when the conditions allow it, combined with many measures of assistance. [ 3 ] Neither the mother or father, although having been duly served, were present at the hearing.

The youth was present and represented by a lawyer. [ 4 ] X is 17 years old and will be 18 on December 3, 2017, in a little more than two months. [ 5 ] He was in the care of his mother for the last year, both living with the mother’s boyfriend in City C from September 2016 to January 2017. They moved to City D until April 2017, when the mother moved back to City C with her boyfriend. X followed a couple of weeks later. [ 6 ] During his stay in City C, he worked in the bush for a while with his mother’s boyfriend.

At times, he was struggling with his drug addiction, but according to the mother, it was under control. [ 7 ] Around mid-August, the youth’s situation started to be troubling. On August 15, 2017, the mother called the social worker to inform her that X was not doing well, he seemed depressed, confused and disoriented. A fight broke off between her son and her boyfriend. To protect X from her boyfriend’s anger, he was sent to the neighbour’s house, where X had spent time during the summer. [ 8 ] The neighbour, Mrs.

C confirms that X’s behaviour changed dramatically during the past weeks, to the point where she doesn’t recognize him anymore. He shows signs of depression, his hygiene is very neglected, he shakes all the time, he cuts himself on the wrists, isolates himself and has violent fits. [ 9 ] Immediate protective measures were taken and he was transported to the rehabilitation center. On August 18, 2017, provisional measures entrusting him to the rehabilitation center were ordered.

[ 10 ] Considering his strange behavior, saccadic movements, shaking his head, spasms and fixing objects for long periods of time, he was brought to see a pediatrician who referred him to a psychiatrist. X did not collaborate to his assessment so no diagnosis could be made. A hypothesis of possible toxic psychosis has been raised, but without the youth’s collaboration, it is impossible to determine the real cause of his present state. [ 11 ] The mother no longer wants X to live with her boyfriend and her in City C.

She is aware that her son needs medical attention at the moment and agrees that he stays at the center followed by an integration with a family member. [ 12 ] After seeing his son, the father also agrees that it would be better for him to stay at the center with gradual integration with a family member. [ 13 ] X has been struggling with his addiction problem for a long time. Although the mother though the situation was under control, his consumption was most probably very problematic. [ 14 ] Today, X is facing very serious mental issues.

The exact nature of his present condition is unknown for the moment, but it is clear that he needs to be taken in charge rapidly. [ 15 ] His educator at the center says that it is hard, if not impossible, to have a conversation with him, as it needs to be short, 5 to 10 minutes maximum. He answers with short sentences and does not elaborate. He has moments of psychological absence (stares off in space for several minutes) which are increasingly frequent.

He can laugh for no reason for hours and has compulsive behaviors, like throwing things repeatedly during several minutes or turning around his dust pile for 10 minutes while carrying out his broom task. [ 16 ] At the slightest touch, X overreacts, screams, swears and become brusque. X’s worker, who testified at the hearing, was clearly surprised and distraught by his actual state. [ 17 ] He was lately seen touching himself sexually in front of others, which was also viewed as a compulsory behavior. The situation has worsened in the last days. [ 18 ] The adolescent testified at the hearing.

It was very hard for him to concentrate, to understand the questions and to give answers. They were very short and he was unable to explain his ideas. For example, he stated that he wanted to go home but did not know where home was. He was laughing at inappropriate moments, and generally seemed disconnected from reality. [ 19 ] According to the evidence, X had not previously been in a similar state, and never had mental health issues before. The first and urgent task is to figure out, with professional help, what is happening to him and to address it. [ 20 ] He will be 18 years old this December.

It is crucial that his family be mobilized, and a structure be put in place to assure his security and the security of others during and after his transition to adult life. [ 21 ] A family reunion was held on September 11, 2017, to find solutions to X’s situation with family members and the community services.

They had the chance to spend time with X and exchange with him, although again, a clear discussion was not possible due to his present health condition. [ 22 ] They agreed that he should, for the moment, stay at the center until he reaches majority, with gradual contacts and integration with his maternal aunt C, if the situation allows it. The father offered to support Mrs. C by finding him occupations and bringing him in the bush at times.

The First Line Services also offered their support. [ 23 ] It is clear that X’s family must work together to find a solution and take care of him with the support and help of professionals and with the Director of Youth Protection. [ 24 ] As he will be 18 shortly, the services must be very efficient to find out what is causing his current situation and direct him to the proper health specialist. The integration with Mrs. C and her children will depend on these conclusions, as well as X’s needs pertaining to his diagnosis. [ 25 ] The Director should consider the application of

section 64 al. 4 of the Youth Protection Act if X’s condition does not allow his integration at Mrs. Mathias or any other family environment and if he consents to it. These decisions will be tributary to X’s evolution in the coming months.

FOR THESE REASONS, THE COURT: [ 26 ] GRANTS the application; [ 27 ] MAINTAINS that the security and development of the youth are still in danger; [ 28 ] ENTRUSTS the youth to an institution operating a rehabilitation center until he reaches his majority with reintegration at his maternal aunt, C as soon as the situation allows it; [ 29 ] ORDERS that all contacts between the youth and his parents be supervised by the Director of Youth Protection regarding their modalities and frequency; [ 30 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the youth and his family; [ 31 ] ORDERS an assessment of his mental health by a psychiatrist, as soon as possible, and a follow-up be instated for as long as deemed necessary by the professionals; [ 32 ] ORDERS that the youth receive all the health services he needs according to his condition;

[ 33 ] STRONGLY RECOMMENDS that the parents and the youth accept the exchange of information between all professionals implicated in the family’s life; [ 34 ] ORDERS that the parents be sober in the presence of the youth; [ 35 ] ORDERS that the parents report periodically with the Director of Youth Protection; [ 36 ] ORDERS that the youth be evaluated in regards of his drug consumption and receives services for as long as deemed necessary by the professionals; [ 37 ] ORDERS that all possible steps be taken to insure his transition in adult life; [ 38 ] ORDERS that any police officer collaborate in the execution of the present order, if required; [ 39 ] ENTRUSTS the situation of the youth to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A who shall then see that the measures are carried out. __________________________________ MARIE-CLAUDE BÉLANGER, J.C.Q.

M e Julie Lemire Lemire, Gaouette & Martel Centre intégré de santé et de services sociaux Lawyer for the D.Y.P. M e Michel-Étienne Parayre Daoust Parayre avocats inc. Lawyer for the adolescent Date of hearing: September 28, 2017