2021 QCCQ 3426, 2021 QCCQ 3426

Protection de la jeunesse — 211400 2021 QCCQ 3426 JN0409 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] «Youth Division» N° : 505-41-010214-205 DATE : March 4, 2021 ______________________________________________________________________ PRESIDING: THE HONOURABLE THIERRY NADON, Q.C.J. [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -and- X , born on [...], 2008 Child -and- A, Mother -and- B , Father J U D G E M E N T

Section 38 of the Youth Protection Act ______________________________________________________________________ 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 applies for the protection of the child. It alleges that because of his serious behavioural disturbances (38(

f) Youth Protection Act (Y.P.A.)) the child puts his security and development in danger.

[ 2 ] The application proceeded on two different dates. After the first hearing, the Court declared that the security and development of the child were in danger and ordered interim measures. [ 3 ] At the second hearing, the Court granted the Application and made some orders. The Situation of the Child until December 8, 2020 [ 4 ] The situation of this 12-year-old child is worrisome. [ 5 ] He is described as intelligent. He has difficulties regulating his emotions and self-control. He is the son of separated parents who share his custody.

He has numerous siblings. [ 6 ] In the past months, the child has used and trafficked drugs. He is « running » drugs for older kids at his school. He stated that he wanted to make money to buy his own things or that he did so because of threats he received and having no choice but to traffic drugs. He smokes marijuana and enjoys it. He has used « molly ». His parents found a photo of the child with a large amount of money on social media. [ 7 ] He admitted to hiding guns at his mother’s place. [ 8 ] He has been suspended from school.

He often skips classes. [ 9 ] He was arrested for disturbances and was very rude and aggressive towards the police officer. [ 10 ] His father’s spouse found that the child’s cell phone contained photos and videos of marijuana, money and a gun. One video showed the child smoking marijuana with his older brother and sister at his mother’s house. [ 11 ] He has been aggressive towards his parents. He is, according to his father, a compulsive liar. At times he yells, screams and has used a knife.

He has also had erratic behaviour such as climbing on the roof of the house and then descending and pouring gasoline on the driveway. [ 12 ] On September 25, 2020, he was entrusted to a reception centre after the ordering of Immediate Protective Measures. KSCS After- Hour Response workers went to his mother’s residence and a bag of white powdery substance was found. The child became aggressive and attempted to run from the worker. He had to be arrested and, at the police station, he was acting aggressively even spitting at the officers. [ 13 ] While at the centre, he ran away.

He had to be isolated almost daily for his behaviour (trying to cut himself with his braces, violence towards staff, drug consumption, smoking cigarettes, etc.). He has punched and pushed security guards or educators. He had to be taken to the hospital because of “molly” (MDMA) consumption. [ 14 ] He was sent to an Intensive Care unit. There, although difficult with staff, he was able to calm down. He was eventually sent back to an open unit. His behaviour was bad, dangerous and violent. [ 15 ] He was seen by professionals who concluded to symptoms of Oppositional Defiance Disorder as well as symptoms of ADHD.

His condition may also be a product of his environment. He has started to work with an addiction specialist. [ 16 ] The parents have been very cooperative. Because of the child’s behaviour he has not been able to visit his parents recently. [ 17 ] To summarize the situation in the child’s own words: « I love to get in trouble and I love getting screamed at so that I get to punch my wall. » [ 18 ] On December 8, 2020, the Court declared that the security and development of the child were in danger and imposed interim measures.

The March 4, 2021, Hearing [ 19 ] The parties agreed with the conclusions requested by the Director. [ 20 ] The parties did not have anything to add with respect to the different reports that were produced. [ 21 ] Since the last Court date, the child has resided at the [Unit A] of the [Campus A]. His behaviour has improved. He has made positive progress. He has learned how to use his words respectfully in order to express his feelings.

He has also come to accept that authority figures have to take certain decisions. [ 22 ] His home visits on the weekends have gone well. [ 23 ] He has expressed wanting to do better for himself. He has asked for resources which he has used and found helpful. [ 24 ] He was seen for an addiction assessment. He meets with his counselor on a weekly basis. Although he has consumed different drugs in the past, he reports no desire or cravings to use these drugs again. In the past, peer pressure and the crowd he was hanging with were cited as reasons for his consumption.

It is recommended that he pursue his weekly sessions with his Addictions Worker. [ 25 ] In school, he has improved and has received fairly good grades. [ 26 ] He has undergone a psychological assessment. The hypothesis of the expert is that he « seemingly interiorized a weakened, more vulnerable image of himself. He’s apparently attempting to counter such a self-image by putting on a solid, strong, youth facade... » « He

seemingly has a hard time dealing efficiently with anger or other negative emotions stemming from external events or interference with his desires. » [ 27 ] The child presents some problematic characteristics in his functioning. Therefore the expert believes that his case should be addressed with care and in a progressive manner. The child requires clear and coherent limits. He would also benefit from psycho educational work to prevent outbursts. That being said, the child has not communicated a clear desire to invest in a psychological follow up.

An educative approach would be the most useful. [ 28 ] The recommendation is that he be entrusted to his parents. The Court and the parties agree.

FOR THESE REASONS, THE COURT: [ 29 ] GRANTS the present application; [ 30 ] DECLARES that the security and development of the child X are in danger because of serious behavioural disturbances ; [ 31 ] ORDERS that the child be entrusted to his parents; [ 32 ] RECOMMENDS that the child follows recommendations of the completed psychological assessment he has participated in ; [ 33 ] RECOMMENDS that the child continue to attend school regularly; [ 34 ] ORDERS that the child and the child’s parents report in person at regular intervals to the Director to inform him of the current situation; [ 35 ] ORDERS that the child and his parents take an active

part in the application of the measures ordered, [ 36 ] ORDERS that a person working for an institution or body provides aid, counselling and assistance to the child and his family; [ 37 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the judgment to intervene herein; [ 38 ] THE WHOLE for a period of six months; Signed on March 26, 2021 ________________________________ Thierry Nadon, J.C.Q. Mtre Marie-Christine Tropper Attorney for the Director of Youth Protection Mtre Marie-Josée Gingras Attorney for the Child Date of the hearing : March 4, 2021