2022 QCCQ 12410, 2022 QCCQ 12410

Protection de la jeunesse -- 227363 2022 QCCQ 12410 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 525-41-040115-222 DATE: December 21, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2007 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 95 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 9.2, 9.3 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 December 21, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered on May 31, 2022. [ 3 ] Today, the Director recommends that the adolescent’s placement in a rehabilitation centre be extended for a period of five months and that support measures be ordered for the coming year. [ 4 ] The parents agree with the Director’s plan.

The father asked that the Tribunal recommends that his son remain placed at [Unit A]. He also requested that the Youth Protection worker continue to be assigned to the adolescent’s file. [ 5 ] The adolescent would have liked to return to his mother’s care today. He understands the situation and his parents’ position. Consequently, he also agrees with the proposed plan. Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? Context and Analysis [ 7 ] The adolescent has remained placed at [Unit A].

Despite the centre’s structure, he has continued to exhibit difficult behaviours. He has continued to be verbally and physically aggressive towards his peers and to struggle with regulating his emotions. He made homicidal and suicidal threats. The frequency of his outbursts somewhat diminished. [ 8 ] Contacts between the parents and the adolescent have been regular and generally positive. [ 9 ] In September 2022, during a visit with his mother, the adolescent mentioned wanting to kill himself. He ran in the middle of the street. The mother was afraid for her son.

The police had to intervene, and the child was brought to the Montreal Children’s Hospital.

[ 10 ] On November 10, 2022, the adolescent reported that he was having auditory hallucinations and that they were more difficult to ignore. The voices told him to run after a peer, with a pair of scissors, in an attempt to kill him. He was afraid of hurting others. [ 11 ] The mother has continued to work closely with a [organism A] worker, Ms. [Social Worker 1] on positive interactions with the adolescent, communication, and boundaries. [ 12 ] The adolescent has been followed by a therapist once per week.

He is set to see a psychiatrist in December 2022 with regards to his auditory hallucinations. [ 13 ] On November 24, 2022, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 14 ] During her testimony, the Youth Protection worker mentioned that she would soon be leaving her position. Although the Youth Protection worker is not responsible for “resources”, she agreed with the father that placement at [Unit A] continues to be in the adolescent’s best interest. [ 15 ] Both parents are worried for their son.

They actively collaborate with the Director’s follow-up. At this point, the child’s reintegration appears premature. The Director plans to slowly increase the duration of the adolescent’s visits with each parent. The parents’ discrepancy in terms of structure and expectations also remains an issue.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for revision; [ 17 ] DECLARES that the security or the development of the adolescent is still endangered; [ 18 ] REVISES the order rendered on May 31, 2022; [ 19 ] ORDERS that the adolescent remain entrusted to a rehabilitation centre for a period of five months; [ 20 ] RECOMMENDS , if possible, that the adolescent be maintained at [Unit A]; [ 21 ] ORDERS that the frequency and modalities of contacts between the adolescent and his parents be determined by the Director of Youth Protection; [ 22 ] ORDERS that the adolescent refrain from all forms of verbal or physical violence towards his parents, peers and professionals involved with the family; [ 23 ] ORDERS that the adolescent continue to receive the necessary support services for his individual difficulties and TAKES JUDICIAL NOTICE of the adolescent’s agreement; [ 24 ] RECOMMENDS that the adolescent and his parents collaborate with the treating professionals involved and engage in the support services recommended; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 26 ] THE WHOLE for a period of one year; [ 27 ] 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 January 9, 2023 /cd Mtre Esther Sterling Counsel for the Director of Youth Protection Mtre Guy-Luc Grondin Counsel for the adolescent Date of hearing: December 21, 2022