2019 QCCQ 19754, 2019 QCCQ 19754

Protection de la jeunesse — 198149 2019 QCCQ 19754 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000965-191 DATE: September 24, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2004 adolescent and A B parents _____________________________________________________________________ JUDGMENT

Section 38 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 September 24, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent’s security or development is compromised as the adolescent displays serious behavioural disturbances and due to a serious risk of neglect. [ 3 ] On August 8, 2019, the Tribunal ordered that the adolescent remain entrusted to the mother’s care and that support measures be provided on a provisional basis. [ 4 ] Today, the Director recommends that the adolescent remains in the mother’s care and that support measures be provided to the family until March 20, 2020. [ 5 ] The mother and the adolescent are in agreement with the Director’s plan. [ 6 ] The adolescent’s father was absent, but duly notified.

Question in litigation [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights?

Context and Analysis [ 8 ] X has been exhibiting serious behavioural disturbances: displaying impulsive and aggressive behaviour, not respecting authority, consuming drugs and alcohol, displaying suicidal ideations and behaviours, self-mutilating (strangling and cutting himself on a regular basis), regularly being absent from school and not taking his prescribed medication. [ 9 ] In December 2018 and February 2019, the parties signed an Agreement on Voluntary Measures providing support services to the family until July 31, 2019.

In this document, the parties recognized that the adolescent was exhibiting “ serious behavioural issues

such as drugs and alcohol consumption, intermittent suicidal ideations, risky behaviours and Mrs. A’s lack of full transparency with the [youth protection worker] ” [1] . The parties also recognized that “ the situation remains very fragile, especially since the mother has been minimizing her children’s difficulties ” [2] . [ 10 ] The adolescent has participated in a follow-up with Dr. Michele Larose, youth psychiatrist and with Mrs. Maggie Dion, school psychoeducator. [ 11 ] In May 2019, it was reported that the adolescent contributes by his behaviours to the chaos in his classroom.

He was suspended for consuming marijuana during his final exams. [ 12 ] The adolescent has been working part-time at the Company A. [ 13 ] On August 2, 2019, the Youth Protection worker learned that the adolescent had booked a plane ticket to travel to Town A on his own. He had not planned for a place to stay in the community. The Youth Protection worker arranged for him to return to Town B on the plane used for medical evacuation. [ 14 ] The mother has taken on a full-time job at the hospital’s transit home. [ 15 ] The mother has continued to consume alcohol and drugs.

The adolescent confirms that she consumes alcohol, but mostly with friends, outside of the home. The mother did not take steps to stabilize her personal situation. Her collaboration with the Director has fluctuated through time. At this point, she is no longer in agreement with the Voluntary Measures Agreement. [ 16 ] X’s father is minimally involved in the adolescent’s situation. They maintain contacts on an irregular basis. [ 17 ] The father still resides in Town C. He participated in the A treatment program on a consistent basis. He collaborated minimally with the Director.

He has a long criminal history, which includes violence and excessive alcohol consumption. THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for protection; [ 19 ] DECLARES that the security or the development of the adolescent is endangered ( sections 38 b) 2 and 38

f) of the Youth Protection Act ); [ 20 ] ORDERS that the adolescent remain in his mother’s care; [ 21 ] ORDERS that the adolescent and the parents take an active

part in the application of the ordered measures and fully collaborate with the Director of Youth Protection; [ 22 ] ORDERS that the adolescent and the parents report in person at regular interval to the Director of Youth Protection to inform him of their current situation; [ 23 ] ORDERS that the adolescent receive specific health care and health services such as follow-up with a youth psychiatrist, that the family participates in such services, if requested and that the family follow the recommendations made; [ 24 ] ORDERS that the adolescent attend school or another place of learning or participates in a program geared to developing skills and autonomy; [ 25 ] RECOMMENDS that the adolescent seek help through the appropriate institution or services required by his situation, especially with regard to drugs and alcohol consumption; [ 26 ] ORDERS that the mother receive the services of an external educator for the period deemed necessary; [ 27 ] ORDERS that the parents remain sober in the presence of the adolescent; [ 28 ] ORDERS that the parents refrain from engaging in any form of violence or aggression in the presence of the adolescent; [ 29 ] RECOMMENDS that the parents seek help through social services for their personal issues; [ 30 ] AUTHORIZES the Director of Youth Protection to access the information regarding the adolescent’s and the parents’ presence at appointments with professionals and their level of involvement with the services provided; [ 31 ] ORDERS that the contacts between the adolescent and his father be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 32 ] ORDERS that a person working for an institution or body provides aid, counsel and assistance to the adolescent and the parents; [ 33 ] THE WHOLE until March 20, 2020; [ 34 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out.

___________________________________ François Ste-Marie, J.C.Q. Written and signed on October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Nada Boumeftah Counsel for the adolescent Mtre Angèle Tommasel Counsel for the mother Date of hearing: September 24, 2019