2022 QCCQ 13875, 2022 QCCQ 13875

Protection de la jeunesse — 224766 2022 QCCQ 13875 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 525-41-040115-222 DATE: May 31, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2007 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on May 31, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent’s security or development is endangered due to his serious behavioural disturbances. [ 3 ] Today, the Director recommends that the adolescent remain placed in a rehabilitation centre for a period of six months and that support measures be ordered for a period of one year. [ 4 ] The mother agreed with the Director’s plan. [ 5 ] The father also agreed, but mentioned that he believed that six months were a lot. [ 6 ] The adolescent wished to return to his mother immediately.

Question in litigation [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? Context and analysis [ 8 ] The parents have separated for approximately twelve years. The adolescent usually resides with his mother and has regular contacts with his father. [ 9 ] The adolescent has been exhibiting serious behavioural disturbances (aggressive behaviours, homicidal and suicidal threats). [ 10 ] The adolescent has been diagnosed with Autism Spectrum Disorder, Attention Deficit Hyperactivity Disorder, parental child relational problems and behaviour disturbance.

He received services from the Hospital A, the CLSC and CR A. The adolescent often refused to collaborate with the service providers.

[ 11 ] On March 29, 2022, following an altercation between the adolescent and the mother, the police had to be called at the mother’s residence. The adolescent was brought to the hospital as he expressed suicidal ideations. At the time, the mother expressed fearing for her safety.

The adolescent expressed that he ran out of the home as he did not want to hurt his mother. [ 12 ] This is the third time that the adolescent had to be brought to the hospital by the police (the other two being in May and September 2021). [ 13 ] On March 30, 2022, immediate protective measures were invoked and the ado-lescent was placed in a rehabilitation centre.

On April 1, 2022, the Tribunal extended the immediate protective measures for a maximum period of five working days. [ 14 ] On April 8, 2022, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 15 ] For the past two years, the family received support from a CRA educator. [ 16 ] At school, the adolescent reported hearing voices that say negative things to him. [ 17 ] Since mid-April 2022, the mother took a leave from work. [ 18 ] On April 22, 2022, the adolescent expressed suicidal ideations to his educator. [ 19 ] Since his placement, the adolescent maintained contacts with his father.

Since May 2022, the adolescent’s contacts with his mother started to improve. [ 20 ] While in placement, the adolescent worked on self-regulation and on his impulsiveness. [ 21 ] The parents are not in a position to care for the adolescent. They are unsure of what needs to occur for their son to return living with his mother.

They wish to have contacts with him as much as possible. [ 22 ] In the past, the mother experienced difficulties supervising the adolescent’s medication intake and keeping a coherent and consistent set of boundaries and expectations in the home. [ 23 ] At this point, the adolescent’s immediate reintegration would be premature. Even if it is difficult for him, he’s still working on issues of anger management. A period of rehabilitation remains necessary.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 24 ] GRANTS the application for protection; [ 25 ] DECLARES that the security or the development of the adolescent is endangered (

section 38

f) of the Youth Protection Act ); [ 26 ] ORDERS that the adolescent remain in a rehabilitation centre for a period of six months; [ 27 ] ORDERS that the frequency and modality of contacts between the adolescent and his parents be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 28 ] RECOMMENDS that contacts between the adolescent and his parents be frequent; [ 29 ] ORDERS that the adolescent refrain from all forms of verbal or physical violence towards his parents, peers and professionals involved with the family; [ 30 ] ORDERS that the adolescent continue to receive all of the necessary support services for his individual difficulties; [ 31 ] RECOMMENDS that the adolescent collaborate with treating professionals and follow their recommendations; [ 32 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 33 ] THE WHOLE for a period of one year; [ 34 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on June 8, 2022 /cd Mtre Edith Zavodni Counsel for the Director of Youth Protection Mtre Guy-Luc Grondin Counsel for the adolescent Date of hearing: May 31, 2022