2019 QCCQ 18307, 2019 QCCQ 18307

Protection de la jeunesse — 198955 2019 QCCQ 18307 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] « Youth Division »

No: 145-41-000626-199 DATE: November 13, 2019 ______________________________________________________________________ BY THE HONOURABLE HERMINA POPESCU, Q.C.J. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X (born on […], 2003) Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ON APPLICATION FOR PROTECTION ______________________________________________________________________ WARNING: The Youth Protection Act (Y.P.A.) 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 ] Arguing that the security and the development of the child are endangered because of his serious behavioural disturbances, the applicant wishes that X be entrusted to a rehabilitation center. [ 2 ] The mother and X agree with the sought conclusions. As for the father, he is absent, even though the Application was duly served on him. [ 3 ] X’s parents separated when he was 2 years old.

The mother explains that she split up with the father because of physical abuse towards her and the children.

The father explains that at the time, both parents were sick mentally, as they suffered from depression and anxiety. [ 4 ] As the mother had addictions issues, the father had full custody of X and his older sister, Y (18 years old). [ 5 ] The father explains to the social worker [Social Worker 1] that he found drugs in X’s room a few times and that he saw X drunk in the street when he was supposed to be in school. [ 6 ] In September 2018, X ran away from his father and came to live with his mother. [ 7 ] X explained to Ms [Social Worker 1] that he has lived 6 years of torture with his father.

He alleges that his father and ex-wife were physically abusive towards him. X says that his father has ruined his life by preventing him from seeing his mother for several years. According to X, he was living on the streets for awhile in Town A. He does not remember however when and how long exactly. [ 8 ] X said that he has an insanity switch that turns on and he just blackouts.

He recognizes that when he loses control on himself, flashbacks of violence resurfaced. [ 9 ] In July 2019, X had threatened to kill a social worker working in a Rehabilitation Unit in the community A. [ 10 ] On September 11, 2019 X got angry and started to insult his sister Y. He pushed her on the ground, grabbed her hair and punched her in the face several times. Luckily, the mother could intervene and stop him and protect Y. She managed to lock X out of the house.

X threatened to kill his mother and his sister and broke the windows with his fist, which caused him injuries. [ 11 ] X was then transported to the hospital in Town B and afterwards was entrusted to a rehabilitation center where he still is at the date of the hearing.

[ 12 ] The Court retains that the security and the development of X are endangered because of his serious behavioural disturbances. [ 13 ] X’s situation is worrisome. [ 14 ] On May 14, 2019, Dr Lind Grant-Oyeye, psychiatrist, retains a post-traumatic stress disorder (PTSD) diagnostic.

He prescribed X a medication (Risperidone) and suggested that X continues attendance with a counsellor at the Mental Health Center. [ 15 ] On April 2019, the same psychiatrist specified that X has anxiety features. [ 16 ] Following that September 11, 2019 episode, X was met by a psychosocial worker who recommends a psychology/psychiatric follow-up to help him control his anger, impulsivity and violence and also to treat his post-traumatic stress disorder. [ 17 ] Since he was entrusted to a rehabilitation center, X is doing good. He needs support in managing emotions, frustrations and aggressiveness.

It is important that a psychological or psychiatric follow-up be put in place. It is worrisome that X says he does not remember most of the September 11th event. [ 18 ] Unfortunately, the rehabilitation center, with its supportive environment, is the most suitable environment for X.

THEREFORE, THE COURT: [ 19 ] DECLARES that the security and development of X are considered to be endangered; [ 20 ] ENTRUSTS the situation of the child to the Director of Youth Protection until August 31, 2020 under the following conditions: [ 21 ] ORDERS that the child be entrusted to a rehabilitation center designated by the Director of Youth Protection until August 31, 2020; [ 22 ] ORDERS that the contacts between the child and his parents be determined following agreement between the parties and following the desire of the child; [ 23 ] STRONGLY RECOMMENDS that the child receives the healthcare and social services required by his condition and more specifically follow-up in a child psychiatry and follow-up with a psychologist; [ 24 ] ORDERS that the parents report to the Director of Youth Protection on the measures they apply to themselves in order to put an end to the situation of endangerment; [ 25 ] ORDERS that the child and his parents actively participate in the measures ordered in order to put an end to the situation of endangerment; [ 26 ] ORDERS that the Director of Youth Protection provides aid, counsel and assistance to the child and his parents; [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the carrying out of this order. __________________________________ HERMINA POPESCU, J.C.Q.

M e Louyse A. Lemieux Smith and Lemieux For the applicant M e Jules Grenier For the child Filed on : November 29, 2019