2020 QCCQ 12370, 2020 QCCQ 12370

Protection de la jeunesse — 208632 2020 QCCQ 12370 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-037000-205 DATE: August 3, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2004 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on August 3, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent’s security or development is endangered as he exhibits serious behavioural disturbances. [ 3 ] On June 2, 2020, immediate protective measures were invoked and the adolescent was placed in a rehabilitation centre. [ 4 ] On June 5, 2020, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 5 ] Today, the Director recommends that the adolescent remain placed in a rehabilitation centre for a period of ten months and that diverse support measures be ordered until his age of majority. [ 6 ] The parents are absent but sent an email describing their position.

They are in agreement with the Director’s plan. [ 7 ] The adolescent also agrees with the recommendations. Question in litigation [ 8 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? Context and Analysis [ 9 ] The adolescent has been diagnosed with fetal alcohol syndrome, mild intellectual disabilities and Attention Deficit Hyperactivity Disorder.

He takes regular medication to treat his impulsivity. [ 10 ] The adolescent has been exhibiting serious behavioural disturbances (taking the parents’ car without permission, not being accountable for his time in the community, steeling, not respecting his parents’ authority). He also exhibits sexualized behaviours. He had to be expelled from School A in June 2019 for inappropriately touching female classmates.

[ 11 ] On June 1, 2020, the adolescent sent pornographic material to individuals on his father’s contacts list. [ 12 ] For the last year, the family has been receiving services from the CLSC and from [Center A]. Recently, [Center A] services were discontinued as the family did not perceive these services as useful. The parents have a difficult time to put in place specific recommendations for their son. [ 13 ] The parents are overwhelmed with the adolescent’s behaviour. Recently, the father had panic attacks that led him to the hospital.

The mother feels stuck between meeting the need of her son and the needs of the father. [ 14 ] Since his placement in the Campus A, the adolescent adapted well to his new environment. He appears to be thriving in this structured environment. [ 15 ] The parents are of the opinion that their son still needs the support of the rehabilitation centre. They also feel that a therapeutic support of some sort is warranted. THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] DECLARES that the security or the development of the adolescent is endangered (

section 38

f) of the Youth Protection Act ); [ 18 ] ORDERS that the adolescent be entrusted to a rehabilitation centre for a period of ten months; [ 19 ] ORDERS that frequency and modalities of contacts between the adolescent and his parents be determined upon agreement by all parties; [ 20 ] RECOMMENDS that the adolescent and his parents work with [Center A] services to help with his intellectual disabilities and their parenting; [ 21 ] RECOMMENDS that the adolescent continue to seek medical services from his psychiatrist to ensure there is a medical follow up with his prescribed medication; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 23 ] THE WHOLE until the adolescent’s age of majority; [ 24 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on September 2, 2020 /cd Mtre Christine Waldvogel Counsel for the Director of Youth Protection Mtre Christian Benoît Counsel for the adolescent Date of hearing: August 3, 2020