2019 QCCQ 11848, 2019 QCCQ 11848

Protection de la jeunesse — 191893 2019 QCCQ 11848 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 614-41-000287-187 DATE : February 12, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2001 adolescent and A (deceased) 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 February 12, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Louis Grégoire on June 19, 2018. [ 3 ] Today, the Director recommends that the adolescent remain placed in a rehabilitation centre and that support measures be ordered until his age of majority. [ 4 ] The father and the adolescent are in agreement with the Director’s plan. [ 5 ] Following the completion of his drug and alcohol rehabilitation program, the adolescent wishes to return home.

Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? Context and Analysis [ 7 ] The adolescent remained placed in a rehabilitation centre setting. Due to his behavioural issues, it was not possible to integrate him in a foster family. [ 8 ] From March to April 2018, the adolescent was admitted in the Adolescent Treatment Program in [Center A].

He was dismissed due to his lack of motivation. [ 9 ] In June 2018, his maternal aunt refused to have the adolescent back in her care unless he completed a rehabilitation treatment program. [ 10 ] The adolescent ran away from the rehabilitation centre on numerous occasions.

[ 11 ] The youth protection worker received information to the effect that the adolescent sexually assaulted two minors at the rehabilitation centre. From November 13 to December 3, 2018, the adolescent was sent to a rehabilitation centre from A Youth and Family Centre. He will be assessed for a risk of recidivism regarding the sexual abuse on February 19, 2019. He is charged with sexual assault and sexual interference and is scheduled to appear in court on March 12, 2019. [ 12 ] The adolescent continues to deal with his substance abuse problem. He went yesterday for treatment at [Center A].

Like his father, the Tribunal is quite happy that the adolescent took this very important decision for his life. [ 13 ] On December 2, 2018, the adolescent’s mother passed away in a fire in City A. The adolescent is affected by this event. [ 14 ] On January 9, 2019, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 15 ] Unfortunately, as there was no bed in the Youth Healing Services, this Court order was not respected. Contrary to the order, the Director arranged, with the father and the adolescent, to have him stay at his paternal grandmother’s place.

The adolescent did not follow his grandmother’s rules and ran away for two days. He wrote suicidal comments on his Facebook profile. He was eventually brought to a rehabilitation centre on a Cree territory. [ 16 ] The father has not taken sufficient steps to stabilize his personal situation. He still consumes drugs and alcohol on a regular basis. It is more difficult for him since the mother passing away. He recently took steps to seek professional help and to have his own apartment in City A. He is now more collaborative with the youth protection worker.

The Tribunal encourages him to continue this collaboration. [ 17 ] In his last judgment, Justice Grégoire reported the words of the adolescent the following way: [7] […] “(the adolescent) knows that he has to improve his situation and attend a treatment setting if he wishes to go back to his aunt”. [ 18 ] This reasoning still applies today. [ 19 ] It is too early to consider the adolescent’s reintegration to the father’s or to his aunt’s care. The adolescent still needs the structure that could be provided by a rehabilitation centre. He still needs to complete treatment for his substance use.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application for revision; [ 21 ] DECLARES that the security or the development of the adolescent is still endangered; [ 22 ] REVISES the order rendered on June 19, 2018; [ 23 ] ORDERS that the adolescent remain placed in a rehabilitation centre; [ 24 ] RECOMMENDS that the adolescent have a specialized assessment for his sexual assault charges; [ 25 ] RECOMMENDS that the adolescent receive therapy to address his own victimization, grief counselling and sexual abuse offense; [ 26 ] RECOMMENDS that the father complete a substance abuse treatment program and follow recommendations made; [ 27 ] ORDERS that the frequency and modalities of contacts between the adolescent and his father be determined by the Director of Youth Protection; [ 28 ] ORDERS that the father be sober during the contacts with the adolescent; [ 29 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 30 ] THE WHOLE until the adolescent’s age of majority; [ 31 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on February 25, 2019 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Marie-Josée Ayoub Counsel for the adolescent Mtre Michel Grenier Counsel for the father Date of hearing: February 12, 2019