2016 QCCQ 6460, 2016 QCCQ 6460

Protection de la jeunesse — 162788 2016 QCCQ 6460 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY [...] Youth Division No: 760-41-005000-156 DATE: March 7 th 2016 PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. IN THE MATTER OF: X, born on […] 2002 Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection Applicant and A B Parents JUDGMENT ( Sections 38 of the Youth Protection Act , R.S.Q. c. P-34.1) 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 submits that the security and development of the child, X, are in danger. [ 2 ] The Court proceeded on March 7 th 2016 in the presence of the child and his parents. [ 3 ] They all admitted the majority of the alleged facts and agreed that the conclusions proposed by the Director as for the measures be granted. [ 4 ] The Director and the family have been working together under voluntary agreement since May 2014. [ 5 ] The child has been showing serious behavioural difficulties putting himself in danger. [ 6 ] He was physically and verbally violent. [ 7 ] He was running away and was throwing tantrums.

He refused the services offered at Santé mentale jeunesse , showing suicidal ideations and self-mutilation. [ 8 ] The child was entrusted to a rehabilitation centre between May 2014 and June 2015.

He showed an amelioration of his behaviour and went back to live with his parents. [ 9 ] Since July 2015, the child has again shown suicidal ideations and suicidal threats. [ 10 ] He said that he would not be alive when he would reach his 13 th anniversary on […] 2015. [ 11 ] A psychological evaluation mentioned in December 2015 that there was a “ danger de passer à l’acte à court terme. ” [ 12 ] The psychiatric services from Santé mentale jeunesse are still recommended by the Director but very hard to obtain. [ 13 ] The parents offer a very good collaboration and work on a team effort for their child even if they do not live together. [ 14 ] The child is in need of services from Santé mentale jeunesse .

FOR ALL THESE REASONS COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of the child, X, are in danger for the following motive: • 38 f): Serious behavioural disturbance [ 17 ] ORDERS that the child be entrusted to his parents; [ 18 ] ORDERS that the child and the parents take an active

part in the application of the measures; [ 19 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and his family; [ 20 ] ORDERS that the child receive certain healthcare and health services, namely services from Santé mentale jeunesse for as long as deemed necessary; [ 21 ] STRONGLY RECOMMENDS that the child benefit from a psychiatric evaluation as soon as possible; [ 22 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 23 ] THE WHOLE for a period of four months. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Frédérique Dupuy, Attorney for the applicant Mtre Karine Poissant, Attorney for the child Mtre Annie Girard, Attorney for the mother