2012 QCCQ 13483, 2012 QCCQ 13483

Protection de la jeunesse — 124668 2012 QCCQ 13483 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT [...] No: 525-41-025850-124 DATE: August 20, 2012 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of A Youth and Family Centres Applicant - and - X Born […], 1995 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

Section 38 Youth Protection Act ______________________________________________________________________ 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 gives the reasons for a decision rendered verbally at the hearing of August 20, 2012, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion by the Director of Youth Protection to have the security and development of the adolescent declared compromised under

section 38

f) of the Youth Protection Act , as the adolescent demonstrates serious behavioural disturbances. [ 3 ] The principal facts alleged in support of the Director’s motion are the following: • The adolescent was subject to voluntary measures from August 2007 to August 2009, which included brief periods of placement in a rehabilitation centre for issues pertaining to his difficult behaviour; • In August 2010, the adolescent’s situation was once again brought before the Director of Youth Protection as the adolescent had serious behavioural disturbances and objected to steps taken by the parents to put an end to the situation; • Despite the mother having sought services with the CLSC to address the adolescent’s situation, the adolescent’s behaviour deteriorated; • On September 16, 2010, the adolescent was placed in a rehabilitation centre under voluntary measures; • Since the signing of the voluntary measures, the adolescent’s situation has been fluctuating, more particularly but not restrictively in that: . the adolescent is performing well academically and functioning well in school; . the adolescent is, to a few exceptions, adhering to the rehabilitation centre’s program rules and expectations; . the adolescent participated in the A Program;

. the adolescent is in the process of completing his community work for his sentence under the Youth Criminal Justice Act; . in August 2011, the adolescent began re-integrating home and the family was provided with the services A; . shortly after, the adolescent began reverting to exhibiting challenging behaviours and not abiding by the mother’s expectations; . the adolescent’s relationship with the mother is conflictual; . the adolescent continues to be verbally and physically aggressive towards the mother; . the adolescent threatens physical harm to his mother and siblings; . in November 2011, the adolescent was hospitalized in the Department of Psychiatry at the hospital A as he threatened to kill himself and presented in a depressed mood; . the adolescent is not consistent in taking his medication for his Attention Deficit Disorder; . on one occasion, the adolescent twisted the mother’s arm with such force that the mother believed he was trying to break it; . the adolescent exhibits impulsive and controlling behaviours; . given the deterioration of the situation, the adolescent was placed, in February 2012, in a rehabilitation centre; • The adolescent is participating in the B Program, a community centre program geared at supporting youth at risk; • The adolescent acknowledges having an anger management problem and is receiving counselling from a psychologist to address his personal issues; • The adolescent verbalizes not wanting to return to the mother’s care given their relationship difficulties and wishes to explore placement in a foster home. [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to a rehabilitation centre until his age of majority, […], 2013.

Furthermore, that a social follow-up be provided to the adolescent and his family for the same period. [ 5 ] The mother admits the facts alleged in the motion and agrees with the recommended measures. The mother receives her son at home on a regular basis and says their relationship has improved. [ 6 ] The adolescent admits the majority of the facts alleged in the motion and agrees with the recommended measures. The adolescent wishes to work towards independent living. [ 7 ] The Court also read the report that the Director filed as proof of the adolescent’s situation.

The evidence reveals that the adolescent has displayed aggressive behaviour. The adolescent has acknowledged his anger and needs to address it. Currently, the adolescent is functioning significantly better while away from home. The adolescent will benefit from an equip worker from centre A, to help him focus and gain independent living skills. [ 8 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to a rehabilitation centre until his age of majority.

The evidence and the admissions made have convinced the Court that the security and development of the adolescent are compromised. [ 9 ] THEREFORE, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and development of the adolescent, X is compromised; [ 12 ] ORDERS that the adolescent, X, be entrusted to a rehabilitation centre until his age of majority; [ 13 ] ORDERS that the adolescent receive all health care and services required by his situation and more particularly, that the adolescent continue to participate in counselling to address his anger management issues; [ 14 ] ORDERS that the mother and the adolescent receive counselling to address issues in their relationship; [ 15 ] ORDERS the adolescent to refrain from displaying any type of violent behaviour; [ 16 ] ORDERS that aid, counsel and assistance be provided to the adolescent and his family until his age of majority, […], 2013; [ 17 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of A Youth and Family Centres, who shall see that the measures are carried out; [ 18 ] ORDERS the execution of the present order by any peace officer.

Signed on September 14, 2012 Ann-Marie Jones, J.C.Q. AMJ/dg Me Marie-Josée Paiement (Counsel for the Director of Youth Protection) Me Maria Choquette Stuart (Counsel for the adolescent) Me Christophe Lafontant (Counsel for the mother) Date of hearing: August 20, 2012