2019 QCCQ 11254, 2019 QCCQ 11254

Protection de la jeunesse — 192045 2019 QCCQ 11254 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 640-41-002257-183 DATE: February 25, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] AND/OR [SOCIAL WORKER 2] , youth protection workers, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2005 Youth and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR PROTECTION (Sections 38 & 75, Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied to the Court to have the security and development of X, born on [...], 2005, declared to be in danger pursuant to s. 38( b )(1) iii and (

f) of the Youth Protection Act . [1] [ 2 ] At the hearing, the youth was present and assisted by counsel. The father was not present, but was notified of the Court date. In January, he asked that the case be remanded to February. He received all the pleadings and was offered a prepaid ticket to attend Court. The mother was not present, but was represented by counsel. [ 3 ] The following facts were admitted. [ 4 ] The youth suffers from Fetal Alcohol Spectrum Disorder and Attention Deficit Hyperactivity Disorder.

He does not always take his medication, which leads to behavioral issues, impulsivity and learning difficulties. [ 5 ] On September 22, 2017, the mother signed two (2) voluntary measures. [ 6 ] On August 14, 2018, the youth returned to the community A after being entrusted to the [Group Home A] for eleven (11) months. Since his return to the community, the youth’s behaviour has deteriorated. [ 7 ] The youth displays serious behaviour problems, notably: i. Aggressive behaviour; ii. Impulsive behaviour; iii. Runs away sometimes; iv. Disrespects authority; v. Stays out late; vi. Consumes drugs; vii.

Displays suicidal ideations and behaviour; viii. Is involved in criminal activities;

[ 8 ] On several occasions, the mother reported that the youth was verbally and physically violent towards herself and his younger sibling, and that the latter was scared of him. [ 9 ] On November 14, 2018, the youth tried to hang himself with a fishing line and the police and Social Services had to intervene. [ 10 ] On November 19, 2018, the school principal informed Youth Protection that the youth’s behaviour at school had worsened as he was involved in fights and had assaulted one teacher.

That same day, the youth was suspended because he assaulted school staff members, for which criminal charges were laid. [ 11 ] On November 26, 2018, the youth came to school and threatened the school principal and the assistant director and tried to hurt them with a stick. That same day, the police arrested him and had to handcuff him because he was aggressive and threatened to kill his mother. [ 12 ] On November 27, 2018, Youth Protection took immediate protective measures as the youth was released after his phone appearance.

During the night of November 27 to 28, 2018, the youth ran away and was brought back into custody by the police. [ 13 ] On November 28, 2018, the youth called his mother and threatened to commit suicide if he could not return home. [ 14 ] On November 29, 2018, the youth left for the rehabilitation center in Town A. [ 15 ] The mother is overwhelmed by the youth’s behaviour. X does not cooperate with Youth Protection. [ 16 ] The mother is not challenging the application. She agrees with the measures offered by the Director of Youth Protection.

The youth admits that he has behaviour problems. [ 17 ] Considering that everyone is in agreement, the Court will follow the recommendations of Youth Protection. FOR THESE REASONS, THE COURT: [ 18 ] GRANTS this application; [ 19 ] DECLARES that the security and development of X, born on [...], 2005, are in danger under s. 38( b )(1) iii and (

f) of the Youth Protection Act ; [2] [ 20 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre; [ 21 ] ORDERS the adolescent and the parents to take an active

part in the application of any of the measures ordered by the Court; [ 22 ] ORDERS the adolescent and the parents to report in person, at regular intervals, to the Director to inform him of the current situation; [ 23 ] ORDERS that the adolescent attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 24 ] ORDERS that the youth receive specific health care and health services, namely a psychological assessment; [ 25 ] ORDERS that contact between the youth and the parents be determined by the Director of Youth Protection with respect to the terms, frequency and degree of supervision; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 27 ] ORDERS the police to cooperate in the execution of this judgment; [ 28 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall then see that the measures are carried out.

THE WHOLE UNTIL JANUARY 31, 2020. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Sarah Bourgeois-Lessard Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Ivan Lazarov Poupart & Poupart avocats inc. Counsel for the youth Mtre Angèle Tommasel

Counsel for the mother Date of hearing: February 25, 2019