2015 QCCQ 13282, 2015 QCCQ 13282

Protection de la jeunesse — 152741 2015 QCCQ 13282 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000481-157 DATE: July 7, 2015 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on [...] 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 Court is seized with a petition for protection concerning the adolescent. [ 2 ] He shows behavioural problems which endanger his security and development. Both the adolescent and his mother admit the alleged situation and agree with the measures recommended by the director of youth protection (DYP). [ 3 ] The situation revealed by the evidence is the following. [ 4 ] The adolescent lives with his mother. His father passed away when he was a baby.

He is the youngest of five children. The family moves to this area in 2012, in order to get closer to relatives. [ 5 ] The adolescent deals with serious addiction problems. For several months, he has been using drugs, notably speed, frequently. It has a detrimental effect on his behaviour and mental health. He becomes aggressive and violent. The adolescent breaks things in the house and is verbally aggressive towards his mother. It came to a point where it is unbearable for his mother. She does not recognize her son anymore. [ 6 ] Furthermore, the adolescent expresses suicidal thoughts.

He also hears voices in his head. [ 7 ] It is under those circumstances that the situation is reported to the DYP in May 2015. [ 8 ] On May 25, immediate protective measures are applied and the youth is entrusted to a rehabilitation centre. To ensure his own protection, the adolescent spends several days in an intensive care unit. [ 9 ] For a few days, the adolescent appears to detoxify and his speech and actions do not always make sense.

Meanwhile, he is obviously angry at his mother. [ 10 ] Following recommendations from his mother and the social worker, the adolescent agrees to go to therapy, at the beginning of June. Unfortunately, things do not work out as expected. The adolescent runs away from the centre after a few days, to be found and brought back on the same day. He requires to leave the centre on the following day and he is entrusted back to an intensive care unit,

under immediate protective measures. [ 11 ] The Court extends the immediate protective measures for five days, and then orders the provisional compulsory foster care of the adolescent, in a rehabilitation centre. [ 12 ] Recently, the adolescent’s attitude completely turns around. The adolescent admits things have to change. He shows respect and cooperation towards the workers.

He admits he made poor choices, and his substance abuse jeopardizes his health and security. [ 13 ] The adolescent met with a doctor who declared he had suffered from a toxic induced psychosis. [ 14 ] The relationship between the adolescent and his mother is also improving. The mother expresses she feels like she is getting her son back. She notifies a major change since he started getting sober. [ 15 ] The mother wishes that her son come back home. Her home is free from drug and alcohol and she is willing to do whatever it takes to help her son on his healing journey.

The extended family is also a supportive network. [ 16 ] The adolescent also wants to be entrusted to his mother. He is committed to involve himself and work with professionals in order to correct the situation. [ 17 ] Since everybody is willing to work on the issues and services will be provided, it appears reasonable to follow the recommendations upon which all parties agree. However, the problems are serious and the situation remains very fragile and worrying.

WHEREFORE, THE COURT: [ 18 ] GRANTS the petition for protection ; [ 19 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the youth protection act ; [ 20 ] ORDERS that the adolescent be entrusted to his mother; [ 21 ] RECOMMENDS that the adolescent involve himself in an addiction follow-up for the period deemed necessary by the professionals; [ 22 ] ORDERS that the mother and the adolescent actively participate in the application of the ordered measures; [ 23 ] RECOMMENDS that the mother attend all the meetings and appointments needed to ensure that the adolescent achieve his full potential; [ 24 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until May 22, 2016; [ 25 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Alexis Deschênes for the adolescent Mrs. A

the mother Date of hearing: July 7, 2015 Written judgment filed on July 15, 2015