r v. A, 2015 QCCQ 20669

Protection de la jeunesse — 157936 2015 QCCQ 20669 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-004900-158 DATE: August 24, 2015 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 1999 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A B (deceased) Parents ______________________________________________________________________ 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 Director of Youth Protection presents a motion for protection in regards to X, born on [...], 1999, alleging the need for the application of protective measures in reason of a situation of serious behavioural disturbances. [ 2 ] Amid various measures of aid and counsel for one year, the Director recommends that the adolescent reside in a reception center for the next six months, with a subsequent return to his mother’s care. [ 3 ] Both the adolescent and his mother consign their admissions and assent to the conclusions sought by the Director.

The mother requests that her son benefit from a psychiatric evaluation and follow-up, to which the other parties agree. [ 4 ] Analysis and decision [ 5 ] The Director evaluates the situation of the adolescent in March 2015, in regards to a report concerning his problematic behaviours. [ 6 ] The adolescent then resides with his mother. [ 7 ] For at least the last two years, the adolescent’s functioning is deficient and this, in all facets of his life.

More particularly, the parties admit the following: ➢ Self-destructive behaviours; ➢ Vacillating emotions; ➢ Tendency to lie, manipulate and exaggerate; ➢ Suicidal ideations; ➢ Opposition and defiance of parental authority; ➢ Daily drug use; [ 8 ] The family dynamic is overwhelmed by the adolescent’s increasingly serious behavioural issues. Conflicts and confrontations between the adolescent and his mother are recurrent. The mother’s attempts to structure her son are mostly to no avail.

[ 9 ] X presents a substantial drug consumption problem. He usually consumes on a daily basis, mostly marijuana following his own admission, although he has used a multitude of other drugs on occasion. This leads to various delinquent behaviours destined to fuel his addiction as well as his association with negative peers.

He disregards his curfew and stays out most nights. [ 10 ] Various services are put in place to address the adolescent’s behavioural issues, which have no success, as he refuses to actively participate and/or recognize the severity of his situation. [ 11 ] In school, he is on the verge of failing. He fails to apply himself and is not working to his capacity.

The school authorities cite that he is regularly seen to be under the influence of drugs. [ 12 ] This situation intensifies until April, when the mother expulses the adolescent, requesting that he not return until he ready to address his problematic behaviours. For a month, the adolescent resides with a neighbour. During this time, the services of an external child care worker are put in place, which permits his eventual reintegration home. The adolescent signs a behavioural contract and expresses a desire to receive help as to his drug consumption.

To this end, he agrees to attend an outpatient program with Foster Addiction Rehabilitation Center. [ 13 ] There have been numerous assessments of the adolescent, leading to diagnoses of ADHD, learning disabilities and depression traits. Follow-ups and therapies have not been sufficient to address the issues underlying his behavioural issues, notably as to his emotional distress and suicidal ideations, mostly as a result of his failure to engage himself.

As of now, any further therapy is on hold before the requirement to address his addiction issues. [ 14 ] Although there are some improvements observed following the intervention of social services, the adolescent continues to be challenging and disinvested. He states reduced drug consumption and agrees to integrate an in-patient addiction program with Portage, mostly to satisfy his mother’s insistence.

Such is the plan at the present time, the adolescent to integrate this resource shortly. [ 15 ] After considering the evidence, the Court concludes that the security and the development of the adolescent are in danger in reason of serious behavioural disturbances.

The Court endorses the measures suggested by the Director of Youth Protection, which are the reflection of the adolescent's best interest, while concurrently receiving the approval of the parties. [ 16 ] Furthermore, it is pertinent that the adolescent receive a comprehensive mental health assessment and services, if required, as the evidence shows ongoing issues in this vein which may be contributive to the situation of endangerment. [ 17 ] FOR ALL THESE REASONS, THE COURT: [ 18 ] GRANTS the motion for protection; [ 19 ] DECLARES that the security and development of the adolescent are in danger in reason of a situation of serious behavioural disturbance; [ 20 ] ENTRUSTS The adolescent to a reception center for six months; [ 21 ] ORDERS that the adolescent and his mother report periodically to the Director on the measures they apply to put an end to the situation en endangerment; [ 22 ] ORDERS that the adolescent and his mother take an active

part in the application of the measures; [ 23 ] ORDERS that the adolescent receive the health services required for his situation, namely an evaluation with Santé mentale jeunesse and a follow-up, if such is recommended; [ 24 ] ORDERS that a person working for an institution or a body provides aid, counselling and assistance to the adolescent and his mother and his family for one year; [ 25 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection dA for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Marie-Ève Garceau Attorney for the Petitioner Me Karine P. Poissant Attorney for the adolescent Date of hearing: August 24, 2015