2019 QCCQ 14889, 2019 QCCQ 14889

Protection de la jeunesse — 1911164 2019 QCCQ 14889 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 640-41-001560-132 DATE: December 17, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , worker duly authorized by the Director Youth Protection A, working in [...] APPLICANT and X, born on [...], 2004.

ADOLESCENT and A MOTHER ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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.). [ 1 ] The Director of Youth Protection (the Director) submitted an application to the Court for a review of the decision rendered on January 30, 2019, entrusting the adolescent to a rehabilitation centre until December 30, 2019, and ordering various assistance measures including a follow-up by Social Services until January 30, 2019. [ 2 ] The Director alleged a long series of facts.

This judgment refers to those facts. [ 3 ] The Director recommends that the Court entrust the adolescent to a rehabilitation centre until December 30, 2020, and that it orders several assistance measures including a follow-up by Social Services for the same period. [ 4 ] The mother admits most of the facts alleged and agrees with the recommendations. [ 5 ] The adolescent admits some facts, denies and ignores others. He agrees to stay in a rehabilitation centre for one year, but he wants to stay at the Unit A. [ 6 ] The evidence reveals the following facts.

Since the last judgment, the adolescent was moved from the rehabilitation centre to the intensive care unit multiple times. [ 7 ] He is a vulnerable teenager with complex issues. [ 8 ] He has been assessed by Dr. Beltempo, psychologist, and by Dre. Lucie Nadeau. [ 9 ] They assessed that the youth presents important attachment difficulties, conduct disorder and oppositional defiance disorder, attention deficit with hyperactivity disorder, low average intellectual potential and an important affective immaturity and dysregulation.

A diagnosis of Fetal Alcohol Syndrome was hypothesized, but the lack of confirmed evidence of alcohol consumption during the pregnancy precludes the professional to request an evaluation for his potential diagnosis. [ 10 ] They both agree that the adolescent is much in need of a stable and very structured milieu specialized in addressing attachment difficulties and emotional issues as well as behavioural issues. [ 11 ] The mother cares deeply for her son. She recognizes that she is not able to put a structure around him. Her son does not allow her to do so.

[ 12 ] She is transparent regarding her alcohol consumption issues. She struggles to manage her consumption during stressful events. [ 13 ] The mother demonstrated an inconsistent collaboration with Youth Protection Workers. ANALYSIS [ 14 ] The adolescent is vulnerable with complex issues.

From an open unit, he has been transferred to an intensive care unit: A. [ 15 ] When in intensive care, he has shown the ability to take his medication daily, to follow the directives and the limits set by the staff. [ 16 ] The clinical advisor of the adolescent and the psychiatrist are of the opinion that it would benefit from a rehabilitation service offering mental health services in addition to high structure. [ 17 ] [Social worker 2], Human Relation Agent, in her report dated October 27, 2019, wrote: “Without a doubt, X still needs the appropriate services from Youth Protection in order to stabilize his medication, attend school daily and learn essential social skills for living in society, such as self-regulating when facing a frustration.” [ 18 ] [Social worker 2], in her testimony, expressed that X is an exceptional case that will need exceptional interventions.

She was clear there should be someone to voice all the angles for this teenager and to learn from the interventions that have worked and not worked in the past. [ 19 ] It appears clearly from the evidence that, when the adolescent was at the Unit A, he functioned very well and he improved his behaviour. [ 20 ] Therefore, given the age of the adolescent, his needs, the fact that he has changed from an open unit to a closed unit to an intensive unit, the Court concludes that all the recommendations made by the Director are in the best interest of the adolescent.

THEREFORE, THE COURT; [ 21 ] GRANTS the application; [ 22 ] REVISES the decision rendered on January 30, 2019; [ 23 ] DECLARES that the security and development of the adolescent continue to be in danger; MEASURES: [ 24 ] ORDERS that the youth be entrusted in a rehabilitation centre with a high structure and an individualized program until December 30, 2020; [ 25 ] ORDERS that the youth and the mother take an active

part in the application of any of the measures ordered by the Tribunal; [ 26 ] ORDERS that the youth and the mother report in person, at regular intervals, to the Director to inform him of the current situation; [ 27 ] ORDERS that the youth receive all health services required by his condition, namely a child psychiatrist follow-up; [ 28 ] ORDERS that the youth attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 29 ] ORDERS that the mother remain sober in the presence of her son; [ 30 ] ORDERS that the mother seek help through the Social Services concerning her alcohol/drugs and personal issues; [ 31 ] ORDERS a minimum of contact between the youth, the mother and sister once a month; [ 32 ] RECOMMENDS that contacts be organized and take place in the community depending on the assessment of the youth’s needs and his behaviour; [ 33 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the youth and the youth’s family until December 30, 2020; [ 34 ] ENTRUSTS the situation of X to the Director, who shall then see that the measures are carried out; THE WHOLE until December 30, 2020.

Signed in _________, on January 2020 ________________________________ LUCIE GODIN, J.C.Q. Mtre Karianne Asselin Cain Lamarre – Town A Attorneys for the applicant Mtre Laurence Migué Legal Aid Office – Town A Attorney for the adolescent Mtre Angèle Tommasel Attorney for the Mother Date of hearing: December 17, 2019