2016 QCCQ 9817, 2016 QCCQ 9817

Protection de la jeunesse — 164240 2016 QCCQ 9817 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001990-164 DATE: July 4 th , 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X , born on […], 2001 [SOCIAL WORKER], youth protection worker, duly authorized by the Director of youth protection of the A C.Y.P.C., working in City A, District A Applicant and A, residing and domiciled in City A, District A Mother ______________________________________________________________________ JUDGMENT (

section 38 and 91 of the Youth Protection Act , R.S.Q. c. P-34.1) ______________________________________________________________________ JL2340 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 of AC.Y.P.C. makes an application to have the security and development of X, born on […, 2001, declared endangered because of his serious behavioural disturbance (

section 38

f) of the Youth Protection Act ). [ 2 ] At the hearing, the child and his mother are present. Me Nicolas Welt assists the child and Me Donald Bourget the applicant. [ 3 ] Both parties admit the allegations and agree with the measures proposed in the social study filed. The social Worker, Mr [Social Worker], testifies. [ 4 ] Last April 7 th , 2016, the situation of X was reported by his mother. While she was under influence of alcohol, her son got very mad and violent at her. She was scared of him. On April 8 th , X punched her in the face.

On April 12 th , X had suicidal ideations while in crisis at home. [ 5 ] On April 17 th , he put a knife to his throat saying that he was going to kill himself. On the same day, he scratched his mother’s arm and threatened to kill her. [ 6 ] Following those incidents, the police was called and they brought the non-collaborative youth to the hospital. He was hospitalized for one day, followed by protective measures under the Youth Protection Act .

At the Group Home, he was kept in isolation because of his aggressive behaviour, particularly towards the staff. [ 7 ] The mother acknowledges that she relapsed in alcohol consumption two months ago and the fact that her child is reacting. She succeeded to remain sober for more than a year and half but she started again when she escorted her sister to City B two months ago. She declares that she is ready to receive help and services but is reluctant to return in rehabilitation center. [ 8 ] The mother is aware of X’s problems at school, being bulled.

Concerning X’s suicidal thoughts and agressivity, she cannot explain those except by her drinking habit and the fact that his father committed suicide. The youth would be unable to manage his

emotions and would put himself in danger. The youth does not talk of his emotions to his mother and she does not know how to favour such dialogue. [ 9 ] Considering the admissions and the evidence, the Court concludes that the security and development of X are endangered following paragraph 38

f) of the Youth Protection Act . [ 10 ] For the applicable measures, the Court believes that the proposed measures are in the best interest of the child and takes into consideration that the parties agree upon. CONSEQUENTLY, THE COURT: [ 11 ] GRANTS the petition; [ 12 ] DECLARES that the security and development of X, born on […], 2001, are endangered pursuant to paragraph’s 38

f) of the Youth Protection Act ; [ 13 ] ORDERS that the child be placed in a Reception Center until November 30 th , 2016; [ 14 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and his mother for nine months; [ 15 ] ORDERS that X be evaluated by a psychologist and beneficiates of follow-up if needed; [ 16 ] ORDERS that the mother seeks help for her alcohol consumption issues; [ 17 ] ORDERS the mother to collaborate actively with the social worker in charge of the follow-up; [ 18 ] ORDERS the police to collaborate in the execution of the present judgment; [ 19 ] ENTRUSTS the situation of the child to the Director of Youth Protection of A C.Y.P.C. for the purpose of executing the measures ordered by the Court. __________________________________ Denyse Leduc, J.C.Q.

Me Nicolas Welt For the children Me Donald Bourget For the applicant Mrs A Personally Date of hearing: May 25, 2016