2017 QCCQ 5113, 2017 QCCQ 5113

Protection de la jeunesse — 172303 2017 QCCQ 5113 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division » N° : 525-41-032100-174 DATE : March 1, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2002 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 March 1, 2017. Introduction [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent exhibits serious behavioural disturbances (not attending school). [ 3 ] On January 19, 2017, the Tribunal entrusted the adolescent to the mother on a provisional basis and ordered that he attend school regularly according to the

schedule outlined by the school professionals. [ 4 ] Contrary to the Court order, the adolescent did not attend school. [ 5 ] On February 6, 2017, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre and ordered that he attend school according to the

schedule set by school professionals. [ 6 ] Today the Director recommends that the adolescent remain placed until the end of June 2017, with reintegration into the care of his parents as of March 1, 2017. The Director also recommends that support measures be provided to the family for a period of nine months. [ 7 ] The parents and the adolescent are in agreement with the proposed plan. [ 8 ] The adolescent states that he is motivated to continue attending school from home and he does not wish to remain too long in the rehabilitation centre.

Question in litigation [ 9 ] Are the proposed measures respecting the adolescent’s rights and his best interests? Context and Analysis [ 10 ] The adolescent is diagnosed with Autism Spectrum Disorder (high functioning) and has a mild intellectual delay.

[ 11 ] The adolescent was prescribed with medication for ADHD, anxiety and to help him sleep. He’s not always compliant with taking his medication. [ 12 ] The adolescent has been neglecting his dental hygiene and has not followed through with blood tests recommended by his doctor. [ 13 ] On December 8 and 20, 2016 the adolescent was seen by a dentist.

On December 22, 2016, the adolescent went to the hospital to receive blood and urine tests. [ 14 ] For the past year, the family has been supported by a social worker and an educator from the CLSC. [ 15 ] In January 2016, while at [High School A], the adolescent stopped attending school. In February 2016, he was registered in a school called [School B] but he refused to attend. [ 16 ] Since the fall of 2016, the adolescent participated in sessions with a tutor three times a week.

These sessions were organised by the [School Board A]. [ 17 ] The adolescent was registered to attend [High School C] for January 2017, but he refused to go. [ 18 ] On January 19, 2017, the Director seized the Tribunal. The adolescent was entrusted to the mother on a provisional basis and it was ordered that he attend school regularly according to the

schedule outlined by the school professionals; [ 19 ] Contrary to the court order, the adolescent did not attend school. [ 20 ] On February 6, 2017, the Tribunal placed the adolescent in a rehabilitation centre and ordered that he attend school according to the

schedule set by school professionals. [ 21 ] Since he was placed at Hawkins Group Home, the adolescent attended school every day. [ 22 ] The parents are open to receive support and to work collaboratively with the Director. [ 23 ] The adolescent testified regarding his wish to return home as soon as possible and his motivation to attend school. The Tribunal counts on these elements to facilitate his positive progressive return home. [ 24 ] As school truancy is the adolescent’s only identified behavioural disturbance, the Tribunal will declare compromission under

article 38.1

b) of the Youth Protection Act . THEREFORE AND FOR THESE REASONS, THE COURT: [ 25 ] GRANTS the motion; [ 26 ] DECLARES that the security or the development of the adolescent is endangered (

section 38.1

b) of the Youth Protection Act ); [ 27 ] ORDERS that the adolescent remain in a rehabilitation centre until June 30, 2017 with a progressive integration into the care of his parents starting today; [ 28 ] ORDERS that the adolescent attend school on a regular basis according to the

schedule outlined by the school professionals; [ 29 ] TAKES ACT that the adolescent is motivated to go to school; [ 30 ] RECOMMENDS that the family participate with the Transition/Diversion Program and to follow the program recommendations, including the use of respite placement if needed; [ 31 ] ORDERS that the adolescent and his parents continue to follow up with the recommendations put in place by the adolescent’s health care professionals; [ 32 ] RECOMMENDS that the adolescent take his prescribed medication; [ 33 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 34 ] THE WHOLE for a period of nine months; [ 35 ] 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.

Signed on March 13, 2017 /cd Mtre Heidi Lechter Counsel for the Director of Youth Protection Mtre Berna Tabet

Counsel for the adolescent Mtre Christophe Lafontant Counsel for the mother Mtre Karine Dallaire Counsel for the father Date of hearing: March 1, 2017