2018 QCCQ 20712, 2018 QCCQ 20712

Protection de la jeunesse — 1811506 2018 QCCQ 20712 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-032426-173 DATE : May 17, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born [… ] , 2003 Director of Youth Protection A Applicant A 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 May 12, 2017, entrusting the adolescent to a foster family for six months with a social follow up for nine months. The order also provided for progressive reintegration to the mother’s home after three months. [ 2 ] At the time of the motion, the youth’s reintegration home had been unsuccessful and the Director initially sought to extend the placement order.

Since then, a change of circumstances has led to the adolescent being provisionally entrusted to his mother. [ 3 ] Following an updated assessment, the Director is now recommending that the adolescent remain entrusted to his mother with a social follow up as well as other corrective measures until June 30, 2019. [ 4 ] Both the mother and the adolescent acknowledge the need to continue the intervention provided by the Director and consent to the measures as proposed. The Situation [ 5 ] Following the previous order, the adolescent adjusted relatively quickly to the foster home.

He stated feeling safe and enjoyed the calm atmosphere. According to the foster mother, he behaved respectfully and complied with expectations. [ 6 ] The mother continued her psychiatric treatment and demonstrated stability fairly quickly. Nevertheless, contact between the mother and the adolescent was initially difficult. The adolescent perceived his mother’s reproaches as a symptom of her mental health issues and feared that she would revert back to her old behaviour. [ 7 ] Another subject of discourse in their relationship has been the role of Mr. B, a family friend, in the adolescent’s life.

The mother’s inability to accept the importance that her son grants him has led to occasional jealous outbursts on her part and in her son’s presence. However, she later acknowledges the inappropriateness of her behaviour and expresses remorse. [ 8 ] Although the mother continued to improve over the course of the following months, the adolescent maintained his refusal to return home on a full-time basis.

He described various occasions where the mother yelled at him in a fit of anger, causing him distress. [ 9 ] At school, the adolescent continued to struggle with self-esteem issues and was often the victim of bullying. This situation had a physical impact on the youth who frequently complained of migraines and difficulty sleeping. [ 10 ] In September of 2017, the adolescent was prescribed medication to help him with depression and anxiety. On March 23, 2018, the day initially scheduled for the present hearing, the adolescent swallowed 30 of these pills. On the way to court, he expressed to the

youth worker a desire to kill himself and confessed to what he had done. An ambulance was called and the youth was sent to hospital. [ 11 ] After being released with a referral to the child psychiatry department, the adolescent asked to return home rather than to the foster family. After a few days at home, a provisional order was obtained entrusting him to the mother. [ 12 ] A psychiatric follow-up was put in place around the same time. The initial assessment concluded that the suicide attempt was in reaction to bullying at school and on social media, some of which targeted the adolescent’s sexual orientation.

The adolescent continues to participate in a psychiatric follow-up and is closely monitored by the Director. [ 13 ] As a result of his personal difficulties at school, the decision was made to change establishments despite the approach of the year’s end. The adolescent does not agree with the administrative decision but has accepted it for now. He currently attends [school A] which offers smaller classes and psychological services. [ 14 ] The adolescent testifies that he is unhappy where he is. He explains that the school is run like an elementary school rather than a high school.

He finds the travel time (45 minutes) excessive and he observes that the students tend to lack motivation. Although he agrees to finish out the school year, he emphatically states that he does not wish to return. [ 15 ] The social worker has expressed wanting to find a solution but stresses the importance of on-site services, thereby limiting available options. Nevertheless, he is willing to examine the situation with the adolescent should the latter maintain his position. Conclusion [ 16 ] The adolescent’s return home occurred in the context of a personal crisis that appears to have since been stabilized.

Although the situation is developing relatively well, it is important to maintain close monitoring. [ 17 ] Despite the recent progress, the family dynamics remain fragile and a certain degree of tension or conflict is foreseeable. The Director must remain available to intervene rapidly should the need arise. Both the mother and the adolescent will need to improve their communication, to make compromises and to discuss their issues appropriately.

Furthermore, the adolescent’s personal difficulties at school require proper attention in order to avoid a recurrence of the depression and anxiety that he has recently displayed. [ 18 ] Considering the evidence, the Court concludes that the security and development of the adolescent continue to be endangered as a result of a serious risk of negligence and that the measures proposed are in his interest. [ 19 ] FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the motion; [ 21 ] DECLARES that the security and development of the adolescent are still compromised; [ 22 ] ENTRUSTS the adolescent to the care of his mother; [ 23 ] ORDERS that the adolescent receive health services particularly with respect to psychiatric and medical follow-up; [ 24 ] TAKING JUDICIAL NOTICE of the adolescent’s consent, ORDERS that he continue to take prescribed medication for depression and to follow through with recommendations of his psychiatrist and doctor; [ 25 ] TAKING JUDICIAL NOTICE of the mother’s consent, ORDERS that she continue to take her medication while addressing her mental health issues and follow through with the recommendations of the involved professionals; [ 26 ] TAKING JUDICIAL NOTICE of the both the mother’s and the adolescent’s consent, ORDERS that the Director be authorized to receive information from the treating professionals involved with the youth and his family; [ 27 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 28 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 29 ] THE WHOLE until June 30, 2019.

SIGNED IN TOWN A On May 24, 2018 __________________________________ KAREN OHAYON, J.C.Q.

Me Christine Waldvogel Attorney for the D.Y.P. Me Sonia Harvey Attorney for the adolescent Me Josée Lefebvre Attorney for the mother Date of hearing: May 17, 2018 KO/lf