r v. A, 2018 QCCQ 16507

Protection de la jeunesse — 186624 2018 QCCQ 16507 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005052-165 DATE: April 25, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...] 2001 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A B 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 initially applies for the extension of protective measures for one year in regards to the adolescent X, alleging a continued requirement of accompaniment and support.

At the final hearing on the measures, the Director recommends the closure of the file, submitting that in reason of an evolution of the situation, there no longer exists an endangerment. [ 2 ] The mother consigns her position and further states that she represents the father’s position as well. She is in agreement with the Director’s position. Such is also the case as concerns the adolescent’s attorney. [ 3 ] Analysis and decision [ 4 ] X continues to live with his parents and siblings. [ 5 ] Since the last order, numerous services and interventions are made available to support the adolescent and his family.

X’ anxiety and social phobia continue to impede his capacity to cooperate. [ 6 ] Namely, there is a continued push to clarify his mental health diagnoses and offer him a follow-up to help him deal with his issues.

His continued resistance renders these efforts ineffectual. [ 7 ] On December 19, 2018, the Court declares that the security and the development of the adolescent remain in danger and orders that a psychiatric evaluation through Santé mentale jeunesse be provided in order to further verify his needs and aid the Court in evaluating the appropriate final measures of protection. [ 8 ] A homebound educator is also put in place to accompany the adolescent and his family. [ 9 ] As since the beginning of the Director’s implication, the adolescent doesn’t collaborate as to the psychiatric evaluation.

His parents remain unable to convince him of the need to submit himself to this process. [ 10 ] X’ pedopsychiatrist, Dr. Jeican, maintains a preliminary diagnosis of selective muteness and social phobia. However, it is impossible to finalize a diagnosis related to autism in reason of X’s failure to collaborate. [ 11 ] As for the parents, they now understand more fully their son’s limitations and are receptive to receiving services. They are able to accompany their son as to his ongoing issues. [ 12 ] X is 17 years old.

He sees no problematic as to his present situation and finds means to minimize his social anxiety, mostly by

controlling his environment and activities. [ 13 ] He socializes mostly through his sports activities, but is able more and more to go out and seek other means. His parents support him in these efforts. [ 14 ] X is no longer of compulsory school age and both his parents consider it is inappropriate to try and force him to return to school, as has been the case in the past. This was also a significant source of tension and frustration in the family dynamic. [ 15 ] Protective measures have been in place since 2016.

Although X’ situation is not ideal, through time the intensities of his issues have waned and his needs have been more fully identified. This, in conjunction with the parent’s abilities to support their son, convinces the Court that his security or development are no longer in danger. [ 16 ] FOR ALL THESE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and the development of the adolescent are no longer in danger; __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Pascale Boucher Attorney for the applicant Me Karine P.

Poissant Attorney for the adolescent Date of hearing: December 19, 2017 and April 25, 2018