2014 QCCQ 11193, 2014 QCCQ 11193

Protection de la jeunesse — 141478 2014 QCCQ 11193 JL4031 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N° : 525-41-028150-142 DATE: March 25 th , 2014 ______________________________________________________________________ PRESIDING JUDGE : THE HONORABLE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ In the matter of : X Born on: […], 1998 The Director of Youth Protection of Centre jeunesse A applicant - and - A, the mother respondent ______________________________________________________________________ JUDGMENT (section 38 Y.P.A.) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on March 25 th , 2014. [ 2 ] The Court is seized with a motion under

section 38 of the Youth Protection Act requesting that the security or development of the adolescent be declared to be in danger for the following reasons: 3.1. the adolescent has serious behavioural disturbances and objects to steps taken by the parent to put an end to the situation, more particularly but not restrictively in that:

a) the adolescent suffers from social anxiety and from school phobia;

b) the adolescent was diagnosed with obsessive compulsive disorder;

c) the adolescent resided at Home A from July 2012 to June 2013 in order to address his school phobia, his obsessive compulsive disorder and his social anxiety;

d) the adolescent spent most of his time at home, playing video games from June 2013 until his removal from the home on February 18, 2014;

e) the adolescent refused to involve himself with interventions aiming at improving his situation;

f) more recently, the adolescent began to express hopelessness and began cutting; he was admitted at the Hospital A and discharges on February 19, 2014;

g) on February 20, 2014, the adolescent was readmitted to the Hospital A as he was refusing to eat or drink; 3.2. on February 28, 2014, the adolescent was discharged from the Hospital A and placed at Home A under immediate protective measures as he has indicated his unwillingness to remain in a rehabilitation centre; 3.3. the mother acknowledges that the adolescent's current needs require that he remain in a rehabilitation centre at this time; [ 3 ] As explained later, X is currently placed in a rehabilitation centre. [ 4 ] Today, the Director is recommending that X be entrusted in a rehabilitation centre for a period of one year with possible reintegration after nine months if the situation allows. [ 5 ] X is present, assisted by a lawyer.

He essentially admits the allegations of the motion but contests the measures proposed by the Director. His first wish is to return to his mother's care, vowing to return to school. Was this not possible, then X is asking the court to render a six-month rather than a one-year placement order. [ 6 ] The mother is also present.

She admits the allegations of the motion and agrees with the recommendations for a one year placement but would want the Court to authorize her son's return home in six months if the situation allows (rather than the nine months recommended by the Director). [ 7 ] Both X and his mother accept the filing of the reports as proof of their content. [ 8 ] X is a 15 year old adolescent who has been presenting quite severe behaviour and emotional problems for the last few years, particularly since he entered High School. His father is deceased.

His mother is very invested in trying to ensure that her son receive appropriate services. [ 9 ] X was first seen in psychiatry in late 2011 and, over time, has been diagnosed with school phobia, obsessive-compulsive disorder (OCD) and anxiety. [ 10 ] X was placed in a specialized rehabilitation centre (Home

A) from around July 2012 to April 2013. Upset by his placement, X went seven months without speaking to his mother. Nonetheless, he did quite well in the program, attended school, saw his anxiety subside and was able to interact well with the other adolescents in the group home. He was able to leave Home A in April 2013, return home and complete his school year at Home A by taking public transportation. [ 11 ] However, over the summer of 2013 and since since, X has resorted to being very socially isolated. He barely leaves the house and does not see his friends.

He himself recognizes that he is sad and lonely. [ 12 ] In September 2013, different approaches were tried to get X back on track. Home schooling failed and other suggestions made to X were basically turned down. [ 13 ] The situation became more worrisome in February 2014 when it came to bare that X was cutting himself. What followed was a series of short placements and hospitalizations in order to redress the situation. In the end, X did not want to return to Home A nor any other placement facility and vowed to do what was needed in order to stay in a hospital setting where he feels the safest.

Thus, X began to not eat or attempt to run away from placement. [ 14 ] Since March 3 rd , 2014, he is under a provisional order entrusting him to a rehabilitation centre but spent much of that time in hospital due to his refusing to eat and threatening to jump out a window. [ 15 ] A short psychiatric report dated March 21, 2014 provides the following diagnostic impression: "Anxiety Disorder NOS (previous obsessive compulsive disorder, current additional elements of social phobia and generalized anxiety); Adjustment Disorder with depressed mood and disturbance of conduct." The medical note goes on to recommend that " X is to return to a suitable setting as per youth protection recommendations ". (D-4) [ 16 ] X's mother is encouraged by progress she has seen of late.

Her son is speaking to her, has been involved in activities, is eating and taking his medication. However, it is clear to her that more work needs to be done before X can come home. She feels that her son needs long-term individual psychotherapy and that family therapy could also be helpful. [ 17 ] X says he now understands the importance of attending school and promises to do so. He understands that the DYP, the hospital and his mother all want him to stay in placement.

He therefore would like to be able to return home in six months if the situation allows. [ 18 ] Based on the above, it is quite apparent to the Court that X needs to address many personal and family issues before he is able to return home. The year of placement recommended by the Director is clearly in order. At the same time, the Court will, by judgement, allow X to be integrated home in six months if the situation allows.

It is basically up to X to work hard during this period to get help and, normalize his life, something he himself clearly wants. [ 19 ] Having received the admissions of the parties, taken into consideration the reports submitted, the Court concludes that the allegations have been proven to its satisfaction and permit corrective measures to be applied. [ 20 ] CONSEQUENTLY, AND FOR THESE REASONS, THE COURT:

[ 21 ] GRANTS the motion; [ 22 ] DECLARES that the security or development of X is in danger within the meaning of Section 38 (2)f (serious behavioural disturbances) of the Youth Protection Act. [ 23 ] IN VIRTUE OF THE POWERS CONFERRED UPON THE COURT BY

SECTION 91 OF THE YOUTH PROTECTION ACT: [ 24 ] ORDERS that the adolescent be entrusted into a rehabilitation centre for a period of one (1) year; [ 25 ] AUTHORIZES the adolescent's reintegration home after six (6) months if the situation allows; [ 26 ] ORDERS that the mother and the adolescent actively participate in any therapies that are recommended by Centre jeunesse A or any other professional working with the family; [ 27 ] ORDERS that the Director provides to the mother and the adolescent long term individual psychotherapy as well as family therapy, if they agree; [ 28 ] ORDERS a person working for Centre jeunesse A to provide aid, counsel and assistance to the adolescent and the family for a period of eighteen (18) months; [ 29 ] ENTRUSTS the situation of X to the Director of Youth Protection of Centre jeunesse A who shall see that these measures are carried out and these measures may be executed by any peace officer, if necessary.

Town A, this 9th day of April 2014 _________________________________ CLAUDE LAMOUREUX, J.C.Q. M e Geneviève Apollon Attorney for the applicant M e Robert Hamel Attorney for the adolescent Judgment rendered verbally on March 25 th , 2014 CL/nl