2018 QCCQ 20683, 2018 QCCQ 20683

Protection de la jeunesse — 1811477 2018 QCCQ 20683 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-030181-150 DATE : February 2, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2000 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to extend the order rendered on July 7, 2017 entrusting X to a rehabilitation centre for six months with a social follow-up for one year. [ 2 ] In essence, the reintegration to the mother’s home was unsuccessful and the adolescent requires more time in a structured and therapeutic environment in order to deal with her personal issues. [ 3 ] Consequently, the Director is asking the Court to order a rehabilitation centre placement until April 6, 2018 with a social follow-up until the adolescent’s majority. [ 4 ] The father is absent although duly notified of the hearing. [ 5 ] The mother and the adolescent admit the allegations and consent to the measures proposed.

The Situation [ 6 ] Following the last judgment, the adolescent continued inpatient treatment at [Center A] until reintegration to the mother’s home was completed on September 13, 2017. [ 7 ] The situation quickly broke down, however, as the adolescent resumed her drug consumption. Simultaneously, her relationship with her mother deteriorated. [ 8 ] At the same time, concerns were raised regarding the adolescent’s mental health and the possibility of a personality disorder.

Although a psychiatric assessment was in the process of being organized, the adolescent’s persistent running away over the following months delayed its completion. [ 9 ] Consequently, the adolescent has been provisionally placed in a reception centre. Even there, the educators struggle to contain her and she has run away or attempted to do so on several occasions. [ 10 ] When the adolescent is on the run, she tends to lead a reckless and dangerous lifestyle. Aside from her consumption issues, she has confessed to being involved in the sex trade in order to support her drug use [1] .

The description that she provides reveals a dark and perilous milieu that jeopardizes her safety.

[ 11 ] The psychiatric assessment has shed light on the adolescent’s profound distress and emotional disturbance. The adolescent easily recognizes the destructive nature of her behaviour that includes among other things, self-mutilation. She explains that her conduct allows her to cope with her constant sadness, anxiety and suicidal ideations [2] . [ 12 ] The psychiatrist concludes that the adolescent suffers from a Borderline Personality disorder as well as a Substance Abuse Disorder [3] .

Although she does not currently meet the criteria for a major mood disorder, the family history coupled with the adolescent’s personal history of non-specific mental health symptoms suggests a possible future emergence of a Bipolar Disorder. [ 13 ] Despite the extent of her personal difficulties, the adolescent’s behaviour has somewhat stabilized recently. She agrees to collaborate with the intervention plan and is open to therapy. The mother is committed to supporting her daughter and agrees to participate in any measures that serve X’s best interest.

Conclusion [ 14 ] The intervention plan consists of a gradual reintegration to the mother’s home following a period of stabilization. It goes without saying that the adolescent’s participation in the therapy is critical to the achievement of this objective. [ 15 ] Services will continue to be provided to the family for the purpose of encouraging successful co-parenting, consistency with limit setting, boundaries, expectations and consequences. The mother is encouraged to accept the support and advice offered by the professionals involved with her daughter to increase the likelihood of a successful reintegration.

The father is encouraged to do the same. [ 16 ] After considering all of the evidence and taking into account the consent of the parties present, the Court concludes that the security and development of the adolescent continue to be endangered and that the Director’s recommendations are in her best interest. [ 17 ] FOR THESE REASONS, [ 18 ] THE COURT: [ 19 ] GRANTS the motion; [ 20 ] DECLARES that the security and development of the adolescent continue to be endangered; [ 21 ] ORDERS that the adolescent be entrusted to a rehabilitation center until April 6, 2018; [ 22 ] ORDERS that the frequency and modality of contact between the adolescent and her parents be encouraged and be determined by the Director in accordance with an agreement by the parties; [ 23 ] RECOMMENDS that the adolescent and her parents participate in family therapy; [ 24 ] RECOMMENDS that the adolescent take steps to address her personal issues by following the recommendations emanating from the psychiatric assessment completed by doctor Greenfield on September 30, 2017 and from the treating professionals related to her chronic substance abuse issues; [ 25 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and her family; [ 26 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 27 ] THE WHOLE until majority.

SIGNED IN TOWN A On February 27, 2018 __________________________________ KAREN OHAYON, J.C.Q. Me Sym Davis Attorney for the D.Y.P. Me Mathieu Faranzandeh Attorney for the adolescent Dates of hearing: February 24, 2017 and February 2, 2018 KO/lf