2021 QCCQ 4776, 2021 QCCQ 4776

Protection de la jeunesse — 212461 2021 QCCQ 4776 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 145-41-000626-199 DATE: March 25, 2021 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2003 Adolescent -and- A -and- 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 ] On August 5, 2020, the Court extends the adolescent’s placement into a rehabilitation centre. [ 2 ] The director of youth protection (DYP) now asks the Court to revise and extend that judgment so that protective measures remain in application until the adolescent reaches his majority, which will occur quite soon. More specifically, the DYP recommends extending the placement. [ 3 ] The adolescent, through his counsel’s voice, agrees with the DYP.

The Court ignores the parents’ opinion, since neither of them is present nor represented. [ 4 ] Following the hearing, the Court grants the application, in an oral judgment. Here are reasons supporting that decision. [ 5 ] The adolescent’s situation has significant ups and downs. [ 6 ] Shortly after the last hearing, the adolescent runs away from the unit. He eventually communicates with his parents to tell them he is okay, but he refuses to go back to the rehabilitation centre.

The police finds him a couple of weeks later. [ 7 ] Back at the unit, the adolescent resumes working on his issues and his overall situation improves. His angry outbursts are less frequent as he becomes more self-aware and learns how to control his emotions. He is more able to interact positively with others. He does not have suicidal ideation anymore. The workers note a great improvement in regard to his behaviour as well as social skills. [ 8 ] Meanwhile, the mother also cooperates with the DYP.

She mobilizes, makes efforts and gets more involved with her son. [ 9 ] The relationship between the youth and his mother appears more satisfying for them both. In October, the adolescent spends 10 days at his mother’s. He is respectful toward his mother and the latter is there for him. [ 10 ] Given the major improvements, the parties foresee the adolescent’s return to his mother’s environment. From the end of December, the youth lives with his mother full time. [ 11 ] Unfortunately, things seriously deteriorate afterwards, and the adolescent is now back into a unit.

[ 12 ] The adolescent shows behavioural disturbances at his mother’s home. He stops his medication and increases his alcohol and drug use. In February, during a violent outburst, he breaks several objects at the residence. The police is called to calm things down. [ 13 ] The relationship between the youth and the mother deteriorates. [ 14 ] Moreover, the adolescent becomes more unstable in regard to his mental health. He makes homicidal comments and talks about a desire to kill.

He has hallucinations and also says that suicide would be a solution for him. [ 15 ] At the time of the hearing, the adolescent is entrusted to an intensive supervision unit and has been there for more than a month. He receives psychiatric care and takes his medication. He is more positive and willing to work with professionals to improve his situation. [ 16 ] Obviously, the objective is to prepare the adolescent to live on his own when he comes of age. There is very little time left to reach that goal. The recommended measures meet the needs of the adolescent. The application is therefore well founded.

FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 17 ] GRANTS the application for revision and extension of order; [ 18 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 19 ] REVISES AND EXTENDS the Court order rendered on August 5, 2020; [ 20 ] ORDERS that the adolescent entrusted to a rehabilitation centre, chosen by the institution operating a child and youth protection centre; [ 21 ] ORDERS that contacts between the adolescent and the parents be determined as per agreement between the parties; [ 22 ] TAKES ACT that the adolescent will benefit from autonomous outings in order to prepare his majority; [ 23 ] ORDERS that the adolescent be provided with any health care and social services required for his condition, specifically, a medical follow-up and that he continue his psychiatric follow-up; [ 24 ] ORDERS that the parents present a report to the DYP, whenever required, on the measures they apply to themselves or to their child in order to put an end to the situation that puts his safety and development at risk; [ 25 ] ORDERS that the adolescent and his parents actively participate in the measures ordered; [ 26 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until [...], 2021 (date of his majority); [ 27 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Ms. A the mother (absent) Mr. B the father (absent) Written judgment filed on April 14, 2021