2019 QCCQ 13980, 2019 QCCQ 13980

Protection de la jeunesse — 194438 2019 QCCQ 13980 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 614-41-000417-198 DATE : April 16, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2002 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 April 16, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent exhibits serious behavioural disturbances. [ 3 ] Today, the Director recommends that the adolescent be placed in a rehabilitation centre for a period of nine months and that support measures be ordered for a period of one year. [ 4 ] The parents and the adolescent are in agreement with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights?

Context and Analysis [ 6 ] Since December 2018, the adolescent has been exhibiting serious behavioural disturbances (being physically aggressive, losing control, breaking objects, expressing suicidal ideations, exhibiting self-harming behaviours, drinking alcohol and consuming marijuana on a regular basis, not respecting her parents’ rules). [ 7 ] In December 2018, due to her suicidal ideations, she was brought to the hospital. [ 8 ] Contrary to the Education Act , the adolescent is not attending school.

She works in a local restaurant. [ 9 ] The parents are expressing being overwhelmed with their daughter’s situation. They recognize that, at this point, they do not know how to help her. They are requesting support and placement of their child. The adolescent is also recognizing her needs for rehabilitation. She is open to receive support for her substance abuse. [ 10 ] On March 20, 2018, as she presented with suicidal ideations, self-harming behaviours and had consumed alcohol, the adolescent

was brought to the hospital under observation. [ 11 ] On March 21, 2019, the adolescent was discharged from the hospital and transferred to a rehabilitation centre in City A. [ 12 ] On March 26, 2019, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 13 ] Since then, the parents have not contacted the youth protection worker. They acknowledge having some marital issues to address. [ 14 ] The adolescent maintains a good relationship with her father and feels somewhat estranged from her mother. She fears being abandoned by her parents.

The parents love their daughter. Their position today reflect that they wish the best for her. [ 15 ] The adolescent adjusted well to the rehabilitation centre’s structure and routine. She is open and collaborates with the educators. [ 16 ] A rehabilitation period is necessary in this situation. In the event the adolescent completed a treatment program, her reintegration to her parents care will be permitted. THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the motion of protection; [ 18 ] DECLARES that the security or the development of the adolescent is endangered (

section 38

f) of the Youth Protection Act ); [ 19 ] ORDERS that the adolescent be placed in a rehabilitation centre for a period of nine months; [ 20 ] AUTHORIZES , during this period, a possible transfer to the Centre A; [ 21 ] ORDERS that the adolescent be integrated to her parents’ care either after the completion of the treatment or according to

section 62 of the Youth Protection Act ; [ 22 ] RECOMMENDS that the adolescent seek help for her substance abuse; [ 23 ] RECOMMENDS that the adolescent attend counselling with a psychologist; [ 24 ] ORDERS that the adolescent and the parents cooperate with the Director of Youth Protection; [ 25 ] RECOMMENDS that the parents and the adolescent attend family counselling to rebuild their relationship; [ 26 ] RECOMMENDS that the parents participate in couple counselling to address their marital issues; [ 27 ] AUTHORIZES that the Director of Youth Protection to obtain information with the service providers working with the adolescent and her family regarding the frequency and attendance; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 29 ] THE WHOLE for a period of one year; [ 30 ] 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 May 22, 2019 /cd Mtre Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Antoine Meunier Counsel for the adolescent Mtre Michel Grenier Counsel for the parents Date of hearing: April 16, 2019