2013 QCCQ 10876, 2013 QCCQ 10876

Protection de la jeunesse — 132281 2013 QCCQ 10876 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Court Division N°: 525-41-026931-139 Date: May 9, 2013 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […] 1997 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Youth and Family Centres Applicant -and- A , the mother -and- B , the father The parents -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Mise-en-cause JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., C.P-34.1) JD2620 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 11.2.1 and 135 ] [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of May 9, 2013, in accordance with the provisions of

section 90 of the Youth Protection Act . [ 2 ] The Director of Youth Protection A Youth and Family Centres filed a motion to declare that the security and development of a child is in danger in the case of X , a fifteen year-old adolescent, based on his serious behavioural disturbances and on his neglect by his parents . [ 3 ] The facts alleged in support of the motion dated February 22, 2013 are as follows: 3.1. as relevant background information, a signalement was received in 2012 regarding the adolescent's behavioural issues but the file was closed as the latter accepted a voluntary follow-up and undertook it to be assessed at the Hospital A; 3.2. the adolescent has in fact later refused to undergo such assessment; 3.3. the adolescent has serious behavioural issues, more particularly but not restrictively in that:

a) the adolescent is physically aggressive with his mother;

b) the adolescent has punched holes in the walls during altercations with his mother;

c) the mother is unable to assert her authority on the adolescent;

d) the mother fears the adolescent's behaviour;

e) in the past, the mother had to lock herself up in the bathroom as she feared for her safety;

f) on the evening of February 20 th , 2013, the adolescent broke a mirror in the home after the youth protection worker left the premises;

g) concerns exist with the adolescent's mental health as he presents with some signs of paranoia and obsessive compulsive traits;

h) the adolescent does not attend school regularly and failed to attend school at all during the week of February 16 th , 2013;

i) the adolescent has neuro-developmental dyslexia and is unable to read and write;

j) the adolescent is presently in a special program at school and will be re-assessed in the Spring of 2013;

k) the adolescent presents with paranoiac, defensive and aggressive behaviours in school;

l) the adolescent was heard to speak often about death and has simulated shooting peers with his hands; 3.4. although the father speaks regularly on the phone with the adolescent, they do not visit each other often (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to a rehabilitation center for a period of six months, with a reintegration to his mother's care at the end of the school year, if the situation allows, and with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, who chose to proceed without the assistance of legal counsel, admitted most of the facts alleged in support of the motion.

She expressed her consent to all the proposed measures. [ 6 ] The father, who also chose to proceed without the assistance of legal counsel, admitted most of the facts alleged in support of the motion and consented to the proposed measures. [ 7 ] The adolescent, assisted by Me Sepinwall, admitted the majority of the facts alleged and also consented to the proposed measures. [ 8 ] The Director filed Exhibits D-1 to D-5 as evidence: D-1: Court report, written by [Social Worker 2], dated March 12, 2013; D-2: Copy of the child's birth certificate; D-3: School absenteeism sheet for the 2012-2013 academic year (filed under s. 294.1 C.p.c.); D-4: Addendum, prepared by [Social Worker 1], dated May 2, 2013; D-5: Psychological Evaluation Report of the child, prepared by Peter Kelly, dated March 20, 2013. [ 9 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 10 ] The adolescent's psychological evaluation report highlights a number of areas which are of concern – namely that the adolescent's level of anger "has reached a danger level" [1] , that he experiences "difficulty interacting with peers", and "feelings of loneliness and unimportance to one's family" [2] as well as "marked feelings of alienation" [3] and a "proclivity towards antisocial behaviours" [4] . [ 11 ] The evaluation's author concludes: […] it is the professional opinion of this author that because of his learning disorder, X has suffered a number of negative emotional and psychological effects.

The results of the psychological questionnaires indicate that X does not meet sufficient DSM-IV-TR criteria for a psychological diagnosis of Conduct Disorder or Oppositional Defiant Disorder. He does, however, score high on a number of scales that relate to interpersonal relations, which suggests that this is an area of concern [5] and strongly recommends: […] that X be provided with a male Psychologist or Psychotherapist with whom he can confide in about his feelings of alienation and learn more positive and prosocial attitudes. It would also provide him with a positive male role model.

Family Therapy is also recommended for him and his mother so that they can develop more appropriate means of communication. [6] [ 12 ] To his credit, the adolescent expresses his willingness to participate in Individual Psychotherapy and Family Therapy, to which his mother also agrees. [ 13 ] Under the circumstances, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the measures are in the adolescent's interest. [ 14 ] THEREFORE, THE COURT:

[ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and the development of the adolescent, X , are compromised under

section 38 b) 1) and 38

f) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre for a period of six months, with a reintegration to his mother's care at the end of the school year, if the situation allows; [ 18 ] ORDERS that the adolescent respect his mother's authority, including household rules; [ 19 ] ORDERS that the adolescent refrain from using verbal, emotional or physical violence; [ 20 ] ORDERS that the adolescent and family follow the recommendations in the psychological evaluation report; [ 21 ] TAKES JUDICIAL NOTICE of the adolescent's undertaking to participate in individual psychotherapy as well as family therapy; [ 22 ] ORDERS that he and his family be able to do so as quickly as possible; [ 23 ] TAKES JUDICIAL NOTICE of the mother's undertaking to participate in family therapy; [ 24 ] TAKES JUDICIAL NOTICE of the mother's consent to undergo a parental capacity assessment; [ 25 ] ORDERS that a parental capacity assessment of the mother be completed; [ 26 ] RECOMMENDS that the recommendations be followed; [ 27 ] ORDERS that a person working for A Youth and Family Centres 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 Youth and Family Centres, who shall then see that the measures are carried out; [ 29 ] AUTHORIZES the execution of the present order by any peace officer, if necessary; [ 30 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Nadia Sabik / AN2652 Attorney for the Director of Youth Protection Me Bernard Sepinwall / AS1269 Attorney for the adolescent TD/vl