2015 QCCQ 16644, 2015 QCCQ 16644

Protection de la jeunesse — 159219 2015 QCCQ 16644 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] «Youth Division» N° : 505-41-008152-151 DATE : November 26, 2015 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on [...], 1998 [Social Worker 1] , in capacity authorized person by the Youth Protection Director Declarant and A, B, Parent of the child JUDGMENT

Section 38 of the Youth Protection Act 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 11.2.1 and 135 Y.P.A. ] [ 1 ] The Court is ask to make a determination on a declaration of protection according to

section 38 of the Youth Protection Act; [ 2 ] In support of demand, the declarant alleges that the security and development of the child are compromise for the following reasons: “

a) On October 5, 2015, according to an immediate protective measure, the child was entrusted to a rehabilitation centre;

b) On October 6, 2015, a provisional agreement was signed between the parties to maintain the child in a rehabilitation centre;

c) On October 23, 2015, the security and the development of the child was declared compromised considering a situation of serious behavioural disturbance;

d) The child is diagnosed with a schizotypal personality disorder and paranoia;

e) In June and September 2015, the child was hospitalized because of strange behaviours;

f) The child has behaviour issues since he was a young, but the situation got worst in the past year;

g) The mother verbalizes that the child is being more aggressive and disrespectful towards his family because he thinks his parents and brother want to convert him to their religion;

h) Since the first hospitalization in June 2015, the child pretends that he is being neglected and beaten at home by his father and brother;

i) The child shows disturbing behaviours towards them such as;

i. he screams and insults them; ii. he has destroyed his bedroom; iii. he isolates himself in his room; iv. he has destroyed his brother’s shoes and computer; v. he pushes his mother;

j) On the night of September 26, 2015, after seeing his parents watching a show about the Pope, the child took a knife and used it to make holes in his bedroom’s walls, to destroy different objects including his computer’s screen;

k) On September 27, 2015, after the father has bought a new computer screen, the child took a knife to destroy it and the police had to be called by the mother to stop the child;

l) On the same day, the child was hospitalized at the psychiatric unit at Charles-Lemoyne’s hospital;

m) The medical team concludes that the child’s paranoia is trigged by the relationship with his family and the recommendation was made that the child should be entrusted to a Youth Center;

n) Since he got to the rehabilitation center on October 5, 2015, the child shows strange behaviour and can have provocative conversation, but shows no aggressiveness;

o) In the past week, the child has ran away twice from the rehabilitation center;

p) On October 25, 2015, the child was entrusted to an intensive unit;

q) The child does not want to go back home;

r) Both parents refuse to take the child back;” [ 3 ] The father, well be informed of the hearing, is not present. The Court proceeded in his absence pursuant to

Article 77 of the Act on the protection of youth. [ 4 ] The child, by his attorney, admits most of the allegations of the declaration and agrees to the conclusions. [ 5 ] The mother, through her attorney, admits all the allegations of the declaration and agrees to the conclusions. [ 6 ] By consentent of the parties, the following reports are filed: D-2 Birth certificate ; D-3 Evaluation report written by [Social Worker 1] on October 21, 2015 ; D-4 Orientation report written by [Social Worker 1] on November 16, 2015; D-5 Intensive Psychiatric Assessment Service-Child (IPAS-

C) written by Joyce Canfield, Child Psychiatric; D-6 Report entitled “Résumé d’intervention psychologique” written by Brigitte Faucher, psychologist in June 2015; D-7 Report entitled « Résumé de dossier » written by Dr.

Caroline Thomassin-Girard on September 15, 2015; [ 7 ] The Court shares the clinical analysis of the social worker, Mrs. [Social Worker 1], which wrote in her report D-4. “We are presently forced to observe that the family dynamic is firmly rooted and that we have no impacts because neither the parents, nor X, believe that they have to do some introspection and change certain things in their own behaviour. The services that have been gravitating around the family system, for years now, have not had any impacts on them and we are faced with a soon-to-be adult who is not ready to face his responsibilities.

We consider that X needs to develop his autonomy and his life project. He needs to face his reality, in order to stop excusing his actions with the fact that he is sick.

X has a personality disorder that clearly has an impact on his way of perceiving people and events, but that does not change the fact his actions, but in order to do so, he also needs to have a parent that stops excusing every action on an illness that he does not have.” [ 8 ] In view of the partie's admissions and the content of the reports filed by consent of the parties, the Court is satisfied that the proof has been made on all the allegations of the declaration and therefore: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and the development of the child X are in danger for the following reason: serious behavioural disturbance; [ 11 ] ORDERS that the child be entrusted to a rehabilitation center until January 4th, 2016; [ 12 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 13 ] ORDERS that the child will receive services from an educator;

[ 14 ] ORDERS that the parents participate actively in the measures to correct the situation and more particularly that they implicate themselves in the intervention plan; [ 15 ] ORDERS that the child received all the health services he needs; [ 16 ] RECOMMENDS that the family take measures to work out their communication difficulties, such as a family therapy; [ 17 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment to intervene herein; [ 18 ] THE WHOLE without costs. __________________________________ MIREILLE ALLAIRE, J.C.Q.

Me Marie-Pierre Blouin Attorney for the child Me Marie-Aimée Beaulac Attorney for the declarant