2017 QCCQ 5110, 2017 QCCQ 5110

Protection de la jeunesse — 172300 2017 QCCQ 5110 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division » N° : 525-41-032086-175 DATE : March 14, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 1999 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 14, 2017.

Introduction [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent exhibits serious behavioural disturbances (drug consumption, self-harming behaviours and destructive behaviours towards his belongings). [ 3 ] On January 5, 2017, the adolescent was placed in a rehabilitation centre as per a provisional agreement. [ 4 ] On January 17, 2017, the Tribunal ordered that the adolescent be entrusted to his parent’s care, while ordering therapeutic follow up, random drug testing and other support measures. [ 5 ] Today the Director recommends that support measures be ordered until the adolescent reach his age of majority. [ 6 ] The adolescent and the parents are in agreement with the proposed plan.

Question in litigation [ 7 ] Are the recommended measures respecting the adolescent’s rights and his best interest? Context and Analysis [ 8 ] During the last four years, the adolescent has been struggling with the consumption of alcohol, cocaine, prescription drugs and marijuana. In the last several years, he took

part in various treatment programs (AMCAL and Portage). [ 9 ] Since 2013, the adolescent has engaged in self-harming and destructive behaviour, such as breaking electronics and punching walls in his home.

[ 10 ] On January 4, 2017, the adolescent left the Portage Program for a few hours, without permission. [ 11 ] Upon his return to Portage, the adolescent exhibited self-harming behaviours (punching himself and the walls, burning himself with cigarettes).

He was taken to the Montreal Children’s Hospital. [ 12 ] On January 5, 2017, the parties signed a provisional agreement and the adolescent was placed in a rehabilitation centre. [ 13 ] On January 17, 2017, the Tribunal ordered that the adolescent be entrusted to his parent’s care, while ordering support measures until the main hearing. [ 14 ] The adolescent started to attend his CEGEP. He is doing well and attends regularly. [ 15 ] He participated in a therapeutic process with Ms. Vicky Tagalakis. [ 16 ] The adolescent has been followed in psychiatry. His medication was recently adjusted.

The adolescent is now stating that with his current dose of Respiradol and Celexa, his anxiety and anger outburst are controlled. The parents agree with this assessment. The parents mention that, since his return, the adolescent’s behaviour has been under control and that he has not exhibited self-harming behaviours. [ 17 ] The adolescent has continued to struggle with substance consumption. He admitted having relapsed on February 24, 2017, consuming marijuana. He is now involved in the “Continuum” Program at Portage. He took

part in 3 random drug tests that came back “negative”. [ 18 ] On March 3, 2017, the adolescent attended an AA meeting with his father. [ 19 ] During the last few years, the parents have been instrumental in accessing different support resources for the adolescent. The parents actively collaborated with the youth protection worker. They have been supportive, realistic and hopeful. [ 20 ] Family members are accepting support from the Director and other organizations in order to stabilize the adolescent’s and the family’s situation. THEREFORE AND FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the motion; [ 22 ] DECLARES that security or development of the adolescent is endangered (

article 38

f) of the Youth Protection Act ); [ 23 ] STRONGLY RECOMMENDS the adolescent to continue to participate in counselling services and to follow the recommendations of his treating professionals; [ 24 ] STRONGLY RECOMMENDS the parents to continue to participate in services to support them with their son; [ 25 ] STRONGLY RECOMMENDS the adolescent to maintain a state of sobriety at all times; [ 26 ] STRONGLY RECOMMENDS the adolescent to undergo random drug and alcohol testing when requested by the Director of Youth Protection; [ 27 ] AUTHORIZES the Director of Youth Protection to exchange and obtain information with treating professionals; [ 28 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 29 ] THE WHOLE until the adolescent’s age of majority; [ 30 ] 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 20, 2017 /cd Mtre Heidi Lechter Counsel for the Director of Youth Protection Mtre Christian Benoît Counsel for the adolescent Date of hearing: March 14, 2017