2020 QCCQ 3717, 2020 QCCQ 3717
Opinion
Protection de la jeunesse — 203702 2020 QCCQ 3717 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000634-193 DATE: July 8, 2020 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2004 Adolescent -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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 ] The director of youth protection (DYP) asks the Court to extend the order rendered on January 28, 2020, in order that the adolescent continue to be entrusted in a rehabilitation center. [ 2 ] At the hearing, both parents and the adolescent are present. Neither parties contests the measures proposed by the DYP.
Although at the beginning, the mother wanted to challenge them, she resigned herself to it in order to respect her son’s wish. [ 3 ] Since the last Court order, the behavior of the adolescent is problematic. He leaves the unit without authorization and annoys his peers. He injures his hand while knocking on a metal door and expresses suicidal thoughts. He was brought to the hospital to receive care for both his physical and mental condition. He remains there from March 28, 2020 to April 8, 2020. Upon his return to the unit, he gradually reintegrated his routine.
He takes medication for depression and for his anxiety resulting from his childhood trauma as well as self-esteem issues. [ 4 ] The adolescent has a weekly follow-up with a counselor to help him deal with his depressive symptoms, to increase his motivation to change, to build new skills to manage his triggers and to build resilience regarding his child traumas. [ 5 ] He admits using marihuana and alcohol, but he believes that it does not cause him any harm since he does not have an addiction.
However, education about the effects of addiction is also part of his treatment plan. [ 6 ] Concerning the parents, the father is implicated in his son’s life, and he collaborates well with the DYP. In the mother’s case, the situation is more complex. The relationship between her and the adolescent is strained due to trauma he experienced while living with her, as a child. [ 7 ] Since the adolescent’s hospitalization, although there has been some progress as well as meetings with a professional, his situation remains fragile. His work and efforts to address his issues started only recently.
He must be given time to acquire more tools so that he stops putting himself at risk. It is therefore, necessary to pursue his stay in a rehabilitation center, who currently provides the environment suited for its actual needs and required services.
[ 8 ] The evidence demonstrates that the security and development of the adolescent are still in danger. Considering the admissions, the consent of the parents and the adolescent with the recommendations of the DYP, the application is well founded. Furthermore, these measures appear to be in the adolescent’s best interest. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 9 ] GRANTS the application for extension of order; [ 10 ] DECLARES that the security and development of X are still considered to be in danger according to
section 38 of the youth protection Act ; [ 11 ] EXTENDS the Court order rendered on January 28, 2020, in the present file, until December 31, 2020. __________________________________ CELESTINA ALMEIDA, J.C.Q. Me Mylène Pelletier-Rivet for the applicant Me Ann Chloé Boudreau for the adolescent Me Alexis Deschênes for the father Mrs. A the mother Written judgment filed on July 14, 2020
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