2012 QCCQ 11194, 2012 QCCQ 11194

Protection de la jeunesse — 123714 2012 QCCQ 11194 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Court Division No: 760-41-004237-122 DATE: May 25, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : [...], 1996 Youth DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B JC0B11 Parents of the youth ______________________________________________________________________ JUDGMENT

______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a youth or the youth's parents to be identified. Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Court is seized of a motion for protection concerning the youth X , born on [...], 1996.

The Director of Youth Protection alleges that the security and the development of the youth are in danger in reason of serious behavioural disturbances, as is more amply detailed in paragraph 3 of the motion. [ 2 ] The Petitioner produces various documents in evidence in lieu of testimony, including the reports on the analysis of the youth's social situation. [ 3 ] The admissions of the parties as to the motion are noted in the Court record and they indicate their assent as to the measures proposed by the Director. [ 4 ] X resides with his mother and is the youngest of the four siblings in the household.

His father recently passed away due to health issues. [ 5 ] For the last few years, the youth's behaviours have been problematic and increasing in severity. As well as neglecting his health, poor anger control is apparent, impacting all spheres of his life. He is resistant to authority, notably resulting in numerous school suspensions and an eventual expulsion in October 2011. Since that time, he spends his time with friends of dubious influence and is involved in delinquent activities. [ 6 ] The family dynamics are complex.

The father was the primary disciplinarian, and since his death, the mother is overwhelmed with her role and unable to neither set clear and constant limits and rules, nor influence her son to respect his medical needs. [ 7 ] Additional sources of his behaviours are psychological reactions linked to losing his father, conflictual relationships with his siblings as well as frustration stemming from his inability to accept his mother's new conjugal relationship. [ 8 ] In 2009, X is diagnosed with type 2 diabetes, which requires insulin therapy, a specific diet and regular medical monitoring.

He chronically neglects his health, refusing medical treatment and missing scheduled appointments. Due to his poor diabetes control, he is hospitalized in August 2011. [ 9 ] In April 2012, his condition is again severely deteriorated and contrary to his doctor's recommendations, he refuses to be hospitalized. The following day, a youth protection worker intervenes and the youth is escorted to the hospital in the company of police officers.

The gravity of his condition requires a 5-day hospitalization. [ 10 ] X is placed in a reception center following this hospitalization, as the mother recognizes her inability to control his behaviours. He responds well to the intervention and is able to discuss his feelings of loneliness, sadness and confusion.

He participates in anger control training and learns anger regulation techniques. [ 11 ] Weekend home visits are structured with contracts of behaviour, and both mother and son are able to respect their respective obligations and roles. [ 12 ] The situation remains fragile, but both X and his mother are aware of the changes, which must be maintained to restore harmony to their relationship. They express a willingness to participate in the intervention, which will entail X receiving psychological support for the grieving process, continued anger management, and finding structured activities (school, work, sports).

The mother must develop tools to deal with her son's oppositional behaviours and be authoritative. Additionally, they must work together to maintain control of X 's diabetes. [ 13 ] The Court determines that the security and the development of the youth are compromised in reason of serious behavioural disturbances.

The Court is convinced that it is in the youth's best interest to be maintained in his home environment with the aid, counselling and assistance provided by the Youth Protection services. [ 14 ] FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of the youth X are in danger; [ 17 ] ORDERS that the youth be maintain in his maternal environment; [ 18 ] ORDERS that the youth and his mother participate actively in the measures proposed; [ 19 ] ORDERS that the youth receive specific health care and health services; [ 20 ] TAKES ACT of the youth's consent and undertaking to comply to the medical follow-up for his diabetes; [ 21 ] TAKES ACT of the youth's authorization that the Director of Youth Protection access his medical file to confirm his compliance to his medical follow-up;

[ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and his family; [ 23 ] ALL THESE measures for a period of six (6) months; [ 24 ] ENTRUSTS the situation of the youth to the Director of Youth Protection of Le Centre jeunesse A for the execution of the measures. __________________________________ BEATRICE CLEMENT, J.C.Q. Me Caterine Caron Attorney for the petitioner Me Karine P. Poissant Attorney for the youth Date of hearing: May 25, 2012