2019 QCCQ 10006, 2019 QCCQ 10006

Protection de la jeunesse — 191065 2019 QCCQ 10006 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000489-188 DATE: January 10, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2004 Adolescent and A and B Parents/Defendants ______________________________________________________________________ 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 child’s parents separate several years ago. The child lives with his mother while contacts with his father are sporadic. [ 2 ] The youth suffers from attention deficit hyperactivity disorder (ADHD), anxiety disorder as well as learning and language disorders. He also shows serious behavioural problems, especially in school. He has received help from professionals for years. Dealing with emotions and learning to express them in a proper way are challenges for the adolescent.

In 2016, the adolescent is entrusted to a rehabilitation center for several months, on a voluntary basis, because of his behavioural issues. [ 3 ] In school, the youth is aggressive and impulsive. He utters threats, throws objects and opposes to authority. [ 4 ] The situation worsens a few months ago. The adolescent mutilates himself and expresses suicidal threats. He is hospitalized on November 6, 2018. At that time, he refuses to cooperate with workers and doctors to an extent which makes it impossible for them to assess his suicidal risk.

When he obtains his leave from the hospital, the youth is entrusted to a rehabilitation center, where he remains for a few weeks. [ 5 ] During his short stay in the unit, the adolescent behaves very well. He respects rules and puts himself in action in regards with his follow-up. Despite his serious difficulties, the youth is able to cooperate and progress. [ 6 ] For the last month, the youth has been back home with his mother. Anxiety remains present, the youth requires much attention, but he apparently does not have suicidal thoughts anymore. He is back in school. [ 7 ] The mother cooperates with professionals.

She wants the best for her son. However, she tends, in the past, to minimize his difficulties. She also has a hard time maintaining a structure and a frame around her son. [ 8 ] The evidence convinces the Court that the security and development of the youth are in danger because of his serious behavioural disturbances. [ 9 ] Because of the youth and mother’s wish to collaborate, it is reasonable to entrust the adolescent to his maternal home environment.

[ 10 ] The application is well founded. WHEREFORE, THE COURT: [ 11 ] GRANTS the application for protection; [ 12 ] DECLARES that the security and development of X are considered to be in danger according to

section 38f) of the youth protection act ; [ 13 ] ORDERS that the adolescent remain with his mother; [ 14 ] RECOMMENDS that the adolescent continue his follow-up with all the professionals; [ 15 ] ORDERS that the parents report periodically to the DYP concerning the measures they apply in their own regard or in their child's regard to put an end to the situation in which the security or development of the adolescent is in danger; [ 16 ] ORDERS that the parents and the adolescent take an active role in the application of the measures ordered; [ 17 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until January 31, 2020; [ 18 ] ENTRUSTS the situation of the adolescent to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Isabelle Gagnon for the adolescent Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on January 15, 2019