2019 QCCQ 14732, 2019 QCCQ 14732

Protection de la jeunesse — 1911441 2019 QCCQ 14732 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005994-192 DATE: July 29, 2019 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2007 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 seeks the application of various protective measures in regards to the child X, in relation to his behavioural issues and psychological ill-treatment stemming from a persistent parental conflict.

More specifically, within a one year order, the Director asks that the Court entrust the child to a rehabilitation center until June 30, 2020. [ 2 ] Both the child and his parents subscribe to the Director’s evaluation and orientation. [ 3 ] Analysis and decision [ 4 ] When the Director initially intervenes in the child’s situation, he resides with his parents in respect of a Superior Court judgment. [ 5 ] On the behavioural level, X has frequent violent outbursts with both physical and verbal components.

He exhibits great resistance to rules and structure, which often gives way to crises in his family environments. [ 6 ] The parents have a conflictual relationship and tensions are ongoing. Largely in reason of such, there is a lack of consistency and cohesion in regards to the response to their child’s needs. [ 7 ] Since August 2018, the child is the subject of an agreement on the application of voluntary measures.

While recognizing a situation of endangerment in regards to the child’s behavioural problems as well as his exposure to a parental conflict, the parents agree to participate in a follow-up. [ 8 ] Despite the services put in place, including that of a homebound educator, X’s situation remains critical, as his problematic behaviours persist and continue to overwhelm his functioning in all spheres of his life.

As of January 2019, these lead to police interventions and a hospitalization. [ 9 ] In February 13, 2019, the parties revise the voluntary measures in reason of the increased intensity of the child’s violent outbursts. Since that time, he resides in a rehabilitation center setting, while visiting his parents on alternate weekends. Written guidelines are put in place in order to ensure that he benefits from coherent rules and structure during these visits. [ 10 ] In this new setting, X gradually accepts the limitations in place and progresses. Notwithstanding, he remains an anxious and easily overwhelmed.

His outbursts eventually reduce in both frequency and intensity.

[ 11 ] Within the contacts, X continues to be reactive and dysfunctional, especially in his paternal environment. He mentions, among other things, that going home makes him anxious that he could fail and be returned rapidly to the unit. The contacts are reduced and occur in the rehabilitation center, which seems to have a reassuring effect on him. [ 12 ] The mother recognizes having difficulties dealing with her son’s behaviours, sometimes leading to a loss of patience or agitation.

As of the end of May, her contacts with X occurs under supervision to better understand their dynamic and offer support in the parental response. [ 13 ] The parental relationship remains tense and although the situation remains an element of endangerment, the Director’s intervention does bring about certain improvements and the parents show themselves motivated to finding solutions in their son’s best interests. Recently, they both attend meetings regarding their son and are able to agree on his need for services.

They cooperate positively in the follow-up. [ 14 ] X now benefits from mental health support in relation to an identified diagnosis of provocative opposition disorder, parent-child problem and adjustment disorder (mostly due to the parental conflict). [ 15 ] Overall, X’s situation remains fragile and the rehabilitation process ongoing but gradual. The conclusions sought, to which the parties agree, are an accurate reflection of X’s best interests and the objectives of the law and as such, the Court endorses them.

FOR ALL THESE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES the security and development of the child in danger in reason of: • psychological ill-treatment (article 38c) Youth Protection Act ) • serious behavioural disturbance (article 38f) Youth Protection Act ) [ 18 ] ENTRUST the child to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A, until June 30, 2020; [ 19 ] ORDERS that the contacts between the child and his mother be following agreement between the parties, in the presence of a third party chosen by the Director and in the absence of agreement that they take place for a period of two hours once a week; [ 20 ] AUTHORIZES that the supervision be partially or completely lifted between the child and his mother following agreement between the parties; [ 21 ] ORDERS that the contacts between the child and his father be following agreement between the parties; [ 22 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regards or their child’s regard to put an end at the situation in which his security or development are in danger; [ 23 ] ORDERS that the parents take an active

part in the application of the measures; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 25 ] ALL THESE MEASURES for 1 year; [ 26 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present order. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Pascale Boucher Attorney for the Applicant Me Karine P. Poissant Attorney for the children Date of hearing: July 29, 2019