2010 QCCQ 18499, 2010 QCCQ 18499

Protection de la jeunesse — 106933 2010 QCCQ 18499 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC [...] Youth Court Division N°: 525-41-023728-108 Date: December 17, 2010 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born […] , 1995 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of Youth and Family Centres A Applicant -and- A , the mother JD2620 -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) [ 1 ] The Court hereby confirms and provides reasons for a decision rendered verbally at the hearing of December 17, 2010, in accordance with the provisions of

section 90 of the Youth Protection Act . [ 2 ] The Director of Youth Protection of Youth and Family Centres A 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, who appears to be neglected and has serious behavioural disturbances. [ 3 ] The facts alleged in support of the motion are as follows: 3.1 as relevant background information, the parents are divorced and the adolescent has been residing with his father in city A since February 2010; 3.2 the father obtained legal custody of the adolescent in June 2010 while the mother has visitation; 3.3 while living with his mother in City B, the family received services from the Society A due to the adolescent's behaviour problems and school truancy; 3.4 on September 1st, 2010, the father requested placement of the adolescent citing school truancy and behavioural problems; 3.5 on September 3, 2010, the police were called to the family home following a conflict between the father and adolescent; 3.6 on the same day, an educator was sent out to meet the family and verify if supports could be put in place to assist the father and adolescent;

3.7 the father refused to meet with the educator and stated that he would not return home for three days during which time the adolescent would have no food, money or supervision; 3.8 with the assistance of the neighbours, the adolescent remained in the home and the father returned on the evening of September 5, 2010; 3.9 the police were again call to the home on the evening of September 5th, 2010 due to an aggressive altercation between the adolescent and father; 3.10 the adolescent was charged with assault and vandalism and placed in a group home with the agreement of the parties; 3.11 the father is uncollaborative and aggressive with intervention of the Director of Youth Protection; 3.12 the father states he is diagnosed with depression for which he receives medication and that there is a family history of mental illness; 3.13 the father presents as overly preoccupied by the adolescent's mother and apparent custody battle; 3.14 the mother who resides in City B expresses the wish to have the adolescent returned to her care; 3.15 the mother has found an alternative school for the adolescent and is willing to receive the help of social services in City B; 3.16 the father vehemently opposes the adolescent living with his mother at this time; 3.17 on September 8, 2010, immediate protective measures were applied as the father was threatening to remove the adolescent from the group home (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommended at the hearing held on October 5, 2010, that the adolescent be entrusted to a rehabilitation centre on an interim basis, for a period of three months.

The motion was granted and a psychological assessment of the adolescent, as well as a substance abuse assessment, were also ordered. [ 5 ] At the hearing on December 17, 2010, given the developments in the situation, the Director recommended that the adolescent remain entrusted to a rehabilitation centre until June 23, 2011, and be authorized to reintegrate his father's care as soon as the situation allows, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 6 ] The mother, who chose to proceed without the assistance of legal counsel, admitted most of the facts alleged in support of the motion but contested the proposed measures and argued that her son should be entrusted to her care. [ 7 ] 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. [ 8 ] The adolescent, assisted by Me Sepinwall, also admitted the majority of the facts alleged and consented to the proposed measures. [ 9 ] The Director filed exhibits D-1 to D-11 as evidence: D-1: Superior Court file number 500-12-274881-048, custody judgment; D-2: Police Report event number […], from September 1, 2010; D-3: Police Report event number […]; D-4: Police Incident Report number […], from September 5, 2010; D-5: Police Report event number […], from September 3, 2010; D-6: Court Report written by [social worker 1], dated September 29, 2010; D-7: Documents regarding the child's birth in [the country A], filed en liasse; D-8: School documents, absentee records and report card, filed en liasse; D-9: Substance abuse assessment by Nazim Khan, dated November 12, 2010; D-10: Addendum by [social worker 2], dated December 8, 2010; D-11: Psychological Assessment by Carolyn Klein, dated November 9, 2010. [ 10 ] In

summary, the evidence establishes that, since the filing of the motion, the father has effectively collaborated with the Director of Youth Protection and is prepared to resume the full-time care of his son once he is confident that the adolescent will be able to respect house rules. [ 11 ] In the interim, he feels that the adolescent is benefiting from the structure provided in placement. [ 12 ] As for the adolescent, he worked very hard since the beginning of the placement:

[he has reportedly] demonstrated that he is capable of following the rules that are set for him when it is beneficial to him.

X has responded well to the structure and limits of the program which speaks to the fact that he requires such structure in his living environment in order to fulfill his day to day expectations. [1] [ 13 ] The conclusions of the substance abuse assessment suggest a positive prognosis, despite the negative consequences associated with the adolescent's suspected heavy consumption: Based on a face-to-face interview, test results (ADS+DAST20), pattern and duration of substance use, increased consumption, high tolerance and negative consequences associated with his substance use, I would conclude that client was abusing cannabis and alcohol with frequent binges.

Client's aggressive and violent behaviour seem to be associated with his substance use suggesting that client could have been consuming more drugs than he reported and grossly minimized his consumption. Client also reported consuming in a binge pattern six to seven months then would stop for three to four months. Client seem (sic) to be in denial about his substance abuse by justifying and glorifying cannabis use as medicinal and not looking at the negative consequences associated with his use.

With negative family history for substance abuse and gaining better insight on the consequences and ramifications of continued substance abuse, I suspect a positive prognosis for client. [2] [ 14 ] However, the adolescent still minimizes the impact of his substance abuse: He does not see anything negative about his cannabis use and hopes that one day he could resume smoking cannabis and drinking socially.

Although client has theoretical knowledge about different drugs and seems naïve about the ramifications and consequences of continued drug use, increased consumption and negative consequences associated with cannabis use. He holds the notion that it's not (sic) a harmless substance and that he could modify his use without any further consequences. Client also feels strongly about his drug dealing, sees nothing wrong and would resume selling drugs if there were no legal consequences associated.

Client felt that he learnt a lot from the assessment has a lot to think about and may have to change some of his views and belief system about drugs, drug use and drug dealing. [3] [ 15 ] The

summary of the psychological assessment that was conducted reads as follows: The profile that emerged from this evaluation suggests that X has some difficulty controlling his temper and that at times, he and his father do not get along. He has set lofty goals for himself, but has not necessarily thought about the work that would be involved to attain those goals. X is personable, respectful of authority, and has learned what he has to say and do to return to his father's care.

There has likely been some conflict between father and son for many years, and now that X is well into his adolescence, there is a clash between father and son. [4] [ 16 ] Consequently, it is recommended that: • X and his father receive family counselling; • X be placed on a strict behavioral contract at home, and that he be made aware of the consequences for breaking the contract; • X work with an educator who can help him prepare himself for independence.

He should be encouraged to open a bank account and save some money; • It is suggested that a plan be put into place for X to have a safe place to go to, should he and his father go through another period of stress. This should be arranged in advance of it being needed, so that X would be able to access this place quickly and easily; • X try to find a part time job. This will allow him to earn money in a legal manner and to see that hard work is required to attain one's goals; • X's school performance should be closely monitored.

He should not be permitted to skip classes and someone should make sure he is doing all of his work. [5] [ 17 ] The adolescent's mother argued that she would be in a better position to care for her son in City B where she can ensure that he has access to appropriate resources and close supervision. [ 18 ] Although she is clearly very caring and concerned about her son's well-being, given the adolescent's refusal to return to City B, and given that his substance abuse was reportedly triggered by his move to City B at the age of thirteen, it does not appear to be in his interest to be entrusted to his mother's care at the present time. [ 19 ] Under the circumstances, the Court is satisfied that the motion is well-founded and that the measures are in the adolescent's interest. [ 20 ] THEREFORE, THE COURT: [ 21 ] GRANTS the motion; [ 22 ] DECLARES that the security and the development of the adolescent, X , are compromised under

section 38 (

f) and (b) (1) 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: [ 23 ] ORDERS that the adolescent remain in a rehabilitation centre until June 23, 2011, and be authorized to reintegrate the full- time care of his father, as soon as the situation allows;

[ 24 ] TAKES JUDICIAL NOTICE that the adolescent will be integrating the Group Home A as of December 22, 2010; [ 25 ] ORDERS that the frequency and modality of contacts between the adolescent and his parents be determined by the Director of Youth Protection; [ 26 ] ORDERS that the adolescent follow the recommendations of the psychological assessment; [ 27 ] TAKES JUDICIAL NOTICE of the adolescent's undertaking to do so; [ 28 ] ORDERS that the adolescent follow the recommendations of the substance abuse assessment; [ 29 ] TAKES JUDICIAL NOTICE of the adolescent's undertaking to do so; [ 30 ] ORDERS that the adolescent submit to random drug testing when requested by Youth Protection Delegate; [ 31 ] TAKES JUDICIAL NOTICE of his consent to do so; [ 32 ] ORDERS that the adolescent follow an anger management program; [ 33 ] TAKES JUDICIAL NOTICE of his consent to do so; [ 34 ] ORDERS that the adolescent attend school on a regular basis, unless his absence is justified by a medical note; [ 35 ] ORDERS that the adolescent and his parents abide by the rules and structure of the rehabilitation centre; [ 36 ] ORDERS that the adolescent and his parents collaborate actively in services offered by service A; [ 37 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with other professionals involved with the family regarding their attendance and participation; [ 38 ] ORDERS that the mother be kept informed of all developments in the adolescent's situation and be encouraged to actively participate in the intervention plan; [ 39 ] TAKES JUDICIAL NOTICE of the mother's expressed desire that a tutor be provided to the adolescent and of her willingness to take the steps necessary to provide a tutor for her son; [ 40 ] ORDERS that aid, counsel and assistance be provided to the adolescent and his family; [ 41 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of Youth and Family Centres A, who shall then see that the measures are carried out; [ 42 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Isabelle LORANGER / AI0942 Attorney for the Director of Youth Protection Me Bernard SEPINWALL / AS1269 Attorney for the adolescent Hearing date: December 17, 2010 . TD/md