2020 QCCQ 3707, 2020 QCCQ 3707

Protection de la jeunesse — 203692 2020 QCCQ 3707 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000522-166 DATE: June 5, 2020 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2003 Adolescent -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act 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 ] The Director of Youth Protection (DYP) asks the Court to revise and extend the order rendered on October 10, 2019, in order to entrust the adolescent to a rehabilitation center. [ 2 ] The parents as well as the adolescent are absent. Only the latter is assisted by a lawyer.

In fact, he does not wish to be present since he just started a new job added to the fact that he agrees with the recommendations suggested by the DYP. [ 3 ] At the beginning of the measures ordered, the adolescent experienced several episodes of disorganization because of his violent and aggressive behaviour towards others. These periods could last for a long time since he was not able to calm down. At some point, even the intervention of the police was necessary. [ 4 ] Over the years many measures of placements were attempted in different environments, even with his parents, but unsuccessfully.

The adolescent has great needs and requires support. He presents specific conditions and difficulties which leads him to put himself in certain unfortunate situations or use violent behaviour against his peers. Stressful events affect his functioning and he acts out. [ 5 ] According to one of the professionals involved in the adolescent’s situation, his attachment problem might be the source of the harmful behaviours he demonstrates. The hypothesis is that the adolescent adopts them to sabotage himself since he does not believe that he deserves positive things.

His emotional vulnerability influences his perceptions and this causes him to react as if he were being attacked. Also, we cannot put aside his Tourette’s syndrome diagnosis. [ 6 ] Furthermore, his past history does not help him. Over the years he has experienced several disappointments when measures have been tried but failed. This leaves significant traces on an emotional level. This fear of this happening again was ubiquitous.

Considering all these premises, it was difficult for him to invest in an environment, no matter which one. [ 7 ] However, today he is at the dawn of his majority and he must be prepared for this new reality, which is fast approaching. For these motives, it is in his best interest to remain in a rehabilitation center where he can be prepared for this next step of his life. Presently, he receives support and assistance to learn how to manage an independent living.

The adolescent has a viable project for his future, he would like to be trained as a carpenter. [ 8 ] Recently with the advent of Covid-19 pandemic, the situation of the adolescent deteriorated due to the sanitary measures

applied preventing him from seeing his mother, go out or be in school. He became more violent, aggressive, unpredictable and extreme for any given situation leading him to cause material damage and injure himself. He was then transferred in an intensive unit. [ 9 ] The adolescent pursues his psychological follow-up started on June 12, 2017. He made great progress and he is able to discuss his emotional experiences and now is capable to manage them. Nevertheless, he remains fragile. [ 10 ] The mother is present in his son’s life. The adolescent has visitation with her and those contacts are positive.

She is well aware of his difficulties requiring a lot of services and support. Her environment cannot provide such supervision and also because of her own personal history. Regarding the father, since October 2019, there is no contact between him and his son. [ 11 ] As mentioned previously, the adolescent’s situation has certainly improved since the last judgment, but not enough to consider another measure for him. He still requires supervision to help him to deal with his behavioural problems and to develop appropriate strategies for expressing his emotions.

Support must be provided to accompany him in the different stages for his transition to adult life. Actually, he is able, mostly, to function well in a rehabilitation center. [ 12 ] Overall, the evidence demonstrates that the security and development of the adolescent are still in danger. Considering this, as well as the absence of contestation from the parties, more especially the adolescent’s consent to the measures, who appear to be in the best interest of the adolescent.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 13 ] GRANTS the application for revision and extension of order; [ 14 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth Protection Act ; [ 15 ] REVISES AND EXTENDS the court order rendered on October 10, 2019, in the present file; [ 16 ] ORDERS that the adolescent be entrusted to a rehabilitation center designated by the DYP until December 30, 2020; [ 17 ] AUTHORIZES that the adolescent benefits from extended outings exceeding 15 consecutive days, if the situation requires it; [ 18 ] ORDERS that the contacts between the adolescent and his parents are determined following as agreement between the parties; [ 19 ] ORDERS that the adolescent and his family actively participate in the application of the measures ordered; [ 20 ] RECOMMENDS that the adolescent receive a phychiatric follow-up and a psychological follow-up; [ 21 ] RECOMMENDS that the mother engages in a follow-up for her personal issues; [ 22 ] ORDERS that the that a person working for an establishment provide, aid, counsel and assistance to adolescent and his family until December 30, 2020; [ 23 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the adolescent Mrs. A (absent) the mother Mr. B (absent) the father

Written judgment filed on June 11, 2020