2019 QCCQ 16353, 2019 QCCQ 16353

Protection de la jeunesse — 1910782 2019 QCCQ 16353 COURT OF QUEBEC « Youth Division » CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N°: 540-41-005758-197 DATE : OCTOBER 25, 2019 ______________________________________________________________________ BY THE HONOURABLE LISA LEROUX, J.C.Q. [SOCIAL WORKER 1], Youth protection worker duly authorized by the Director of Youth Protection A, Applicant And X, Born on [...], 2005 Adolescent And A B Parents JUDGMENT AMENDED

Section 38 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 (the Director) petitions the tribunal with a motion for protection in the matter of the adolescent X, aged 14 years old. [ 2 ] The Director considers that the situation of the adolescent is in danger because of his serious behavioural disturbances, more precisely, he does not respect his father’s authority, he tends to act impulsively and repeatdly runs away from the household.

[ 3 ] At first, the Director recommands that the adolescent be entrusted to a rehabilitation centre for a period of one year, with other measures to help the family. However, the day of the hearing, the Director amends his recommendations and suggests the adolescent’s return to his father, by the end of November 2019, considering that their move to the south shore could have a positive impact on the adolescent. [ 4 ] The father and the adolescent are in agreement with the intervention of the Director. They admit the facts mentioned in the report.

They intend to collaborate with the Director to put an end to the situation of compromission. [ 5 ] The mother is absent the day of the hearing. For the past seven years, she has not been involved in the adolescent’s life. Because she was served personally of the motion, the Court proceeded without her. THE CONTEXT [ 6 ] The adolescent lives with his father, step mother and his brothers. [ 7 ] On June 30, 2019, the Director received a report concerning the adolescent to the effect that he shows serious behavioural disturbances. Since November 2018, he has ran away at least a dozen time.

He admits to acting impulsively, and then he regrets it. He also admits to using cannabis when he is angry because it helps him calm down. [ 8 ] The fathers says that the adolescent does not like to be told « no ». He states that the youth’s behaviours began to change about a year ago after meeting a certain Jayden. On a few occasions in recent months, the father requested the assistance of the police because of the adolescent’s behaviour. [ 9 ] On July 16, 2019, a provisional agreement is signed for 30 days. The agreement provides rules that the adolescent must follow in order to be kept at home.

Because he ran away again on July 29, he is entrusted to a rehabilitation centre. Even after his return at his father’s house, he does not change his behaviours. Quickly, the father expresses that he is overwhelmed by the situation. On August 27, 2019, the adolescent reintegrates the rehabilitation centre. ANALYSIS AND DECISION [ 10 ] The Director has established that the security and development of the adolescent are in danger. His tendency to run away certainly puts him at risk. Because of his yougn age, he is vulnerable. [ 11 ] The adolescent has adapted well to his new environment. He abides by the rules.

It is noted that he keeps to himself and does not share his feeling easily. Concerns are raised about possible learning difficulties and the adolescent’s ability to process information. While he seems to understand the negative consequences he would face should he choose to defy the rules, he seems unable to stop himself and do it anyway. He started an evaluation at the Jewish General Hospital which is still ongoing. Nevertheless, the psychiatrist already recommended art therapy for him since the adolescent has artistic inklings.

Currently, one of his challenge is to be able to verbalize his frustrations before acting on them. [ 12 ] The father works well with the Director to acquire educational methods to impose a framewok and structure on the adolescent. The step mother is also involved in the adolescent’s situation especially when the father is absent because of his work. The father recently bought a house on the south shore. He believes that the distance between the adolescent and the bad influences will be beneficial. [ 13 ] As for the mother, the social worker was able to speek to her recently.

It appears that the mother wants the best for the youth. She does not have much contacts with the adolescent and the latter prefers it that way. [ 14 ] The tribunal is of the opinion that the new recommendations suggested by the Director are worth trying since the adolescent is commited to making every efforts needed so that the situation change positively. He is describe as a very honest person and forthcoming.

The rules and expectations are clearly stated so that he knows what to expect if he does not respect them. [ 15 ] CONSEQUENTLY AND FOR ALL THESE REASONS, THE TRIBUNAL : [ 16 ] GRANTS the motion for protection; [ 17 ] DECLARES that the security and development of X are in danger under paragraph f) of

section 38 of the Youth Protection Act ; [ 18 ] ENTRUSTS X to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre until novembre 24th 2019 and then [ 19 ] ENTRUSTS X to the father; [ 20 ] ORDERS that the parents ensure that the youth receives health services required by his situation, namely continuing his evaluation with a child psychiatrist and getting the youth evaluated by the Sleep clinic; [ 21 ] ORDERS the contacts between the youth and his parents be determined in agreement with all parties involved; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 23 ] THE WHOLE, for a period of 12 months;

[ 24 ] ENTRUSTS the situation of X to the DYP of CISSS A for the enforcement of this order; January 17th, 2020 __________________________________ LISA LEROUX, J.C.Q. This is the written and reasoned version of the oral judgment handed down on October 25, 2019 in accordance with

section 90 of the Youth Protection Act . Mtre. Caroline POULIN Counsel for the Directeur de la protection de la jeunesse Mtre. Éric OUELLETTE Counsel for the adolescent A Mother not represented B Father not represented LL/hl