2020 QCCQ 12315, 2020 QCCQ 12315

Protection de la jeunesse — 208612 2020 QCCQ 12315 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-034916-197 DATE: November 11, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2006 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 95 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 11.2, 11.2.1 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 November 11, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered on June 17, 2019. [ 3 ] On September 8, 2020, as the Director was able to identify a Facebook profile for the father, the hearing had to be postponed in order for the father to be served with the application for revision and extension. [ 4 ] Today, the Director recommends that the adolescent be entrusted to a foster family until July 31, 2021 and that diverse support measures be ordered for a period of one year. [ 5 ] The mother and the adolescent are in agreement with the Director’s plan. [ 6 ] The father was duly notified but was absent from Court.

Question in litigation [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 8 ] While she was entrusted to the care of her maternal great-uncle, Mr. C and his partner, Mrs. D, the adolescent’s behaviour gradually deteriorated. Her self-harming increased. She associated with a negative peer group. She has been smoking cigarettes and marijuana. She left the house without informing of her whereabouts. On November 29, 2019, she arrived in school highly intoxicated and had to be taken to the hospital.

In January 2020, she broke into the school janitor’s closet. She has continued to lie and to steal from her caregivers. Prior to the school closure in March 2020, police had to intervene as the adolescent was caught stealing mail and destroying another student’s lunch box.

[ 9 ] Over the summer of 2019, the adolescent started participating in individual therapy sessions. Mr. C and Mrs. D attended family therapy sessions and received support from an educator. [ 10 ] Despite the services provided, on January 27, 2020, Mr. C and Mrs.

D informed the Director that they would not be available to care for the adolescent past the end of her current school year, in June 2020. [ 11 ] On March 4, 2020, the Tribunal maintained essentially on a provisional basis, the measures rendered on June 17, 2019. [ 12 ] On May 12, 2020, considering the exceptional circumstances linked with the pandemic of COVID-19, the Tribunal postponed the main hearing.

Considering that a new foster family had been identified and that all parties agreed to the recommended measures, the Tribunal ordered that the child be entrusted, on a provisional basis, to a foster family, taking judicial notice that this family was located in Town A. [ 13 ] The adolescent integrated well in the foster family of Ms. E. [ 14 ] On May 22, 2020, the Director learned that it was impossible for the Child and Family Services A to keep the adolescent in one of their resource for more than three months. [ 15 ] On August 13, 2020, the adolescent integrated the foster family of Ms. F in Town B, Quebec.

Despite a few conflicts regarding smoking of cigarettes and “vapers”, Ms. F and the adolescent reported that the situation was “ok”. [ 16 ] She attended High School A in grade 9. She received weekly support from the school psychologist. [ 17 ] The father remained absent from the adolescent’s life. Despite the mother having contacted him, he did not try to contact the Youth Protection worker. [ 18 ] The mother was voluntarily admitted to the Douglas Hospital.

On March 30, 2020, she informed the Youth Protection worker that she was discharged from the hospital. [ 19 ] Following her discharge from the hospital, the mother received therapeutic support from the Prevention and Early Intervention Program for Psychosis from the hospital. [ 20 ] The mother kept contact with her daughter through text messages and video calls. Since September, they had supervised visits.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application for revision and extension; [ 22 ] DECLARES that the security or the development of the adolescent is still in dangered; [ 23 ] REVISES and EXTENDS the order rendered on June 17, 2019; [ 24 ] ORDERS that the adolescent be entrusted to a foster family until July 31, 2021; [ 25 ] As of July 31, 2021, ENTRUSTS the adolescent to the mother’s care; [ 26 ] ORDERS that the frequency and modalities of contacts between the adolescent and her mother be determined by the Director of Youth Protection, taking into account the adolescent’s wishes including supervision if deemed necessary; [ 27 ] SUSPENDS the contacts between the adolescent and her father until he meet the caseworker three consecutive times; if such contacts were to resume, ORDERS that the frequency and modalities of contacts between the adolescent and her father be determined by the Director of Youth Protection, taking into account the adolescent’s wishes, including supervision if deemed necessary; [ 28 ] RECOMMENDS that the mother continue to take steps to address her personal issues, taking her medication, participating in her follow up with the Douglas’ outpatient mental health clinic; [ 29 ] RECOMMENDS that the adolescent participate in counselling services; [ 30 ] WITHDRAWS from the father the exercise of his parental authority related to signing consents for the adolescent’s medical, educational, recreational, travel needs including applying for a passport and GRANTS this exercise solely to the mother; [ 31 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and her family; [ 32 ] THE WHOLE for a period of one year; [ 33 ] 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 December 17, 2020 /cd

Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Karine Doherty Counsel for the adolescent Date of hearing: November 11, 2020