2022 QCCQ 6381, 2022 QCCQ 6381
Opinion
Protection de la jeunesse — 222277 2022 QCCQ 6381 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division No: 635-41-000840-188 DATE: April 21, 2022 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A Applicant and X, born on […], 2004 Adolescent and A Mother and B Father ______________________________________________________________________ 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 (DYP) submitted an application to the Court for the review and extension of the decision rendered on March 8, 2021, entrusting the adolescent to a rehabilitation centre for one year. [ 2 ] The adolescent is a bright 17-year-old. He will reach his majority on […], 2022. He is in Secondary IV and is serious about his studies. He would like to become a mechanic.
He is also a very athletic young man. [ 3 ] In the revision report of February 28, 2022, the DYP recommended that the adolescent continue to stabilize his situation and stay in the structured A Unit to receive specialized services such as the Centre A addiction counselling program. [ 4 ] At the hearing, the DYP changed his position and now recommends maintaining the adolescent with the parents.
According to the applicant, the positive changes make it possible for him to return to his family environment. [ 5 ] The adolescent and his mother agree with this recommendation. [ 6 ] At the beginning of his placement, the adolescent continued to display serious behavioural issues.
He has had to change rehabilitation centre several times because he required a more structured environment. [ 7 ] On November 26, 2021, he was transferred to Center B, A Unit, because he continued to run away and put himself and others at risk. [ 8 ] On January 20, 2022, he started an addiction program through video conferences with Center A. [ 9 ] According to the educators and professionals working at A Unit, the adolescent has made positive progress. The DYP suggests that he return to his parents’ care to prepare his plan for adulthood before he reaches the age of majority.
The improvement with regard to his behavioural issues and his cooperation with the external services inspire confidence that he will be able to maintain his healthy way of life. He is motivated to take all the necessary steps to stay sober and maintain his regular follow-up with the youth protection services. [ 10 ] The parents have not sought services to improve their relationship or their substance abuse issues. They stated that they consume less alcohol than before. The mother is currently under medical treatment for cancer.
Even though they have not addressed their issues, the mother’s medical condition has changed her alcohol habits. [ 11 ] The adolescent gains in terms of maturity and is less vulnerable than before. He wants to return to his community and his family. The Court is of the opinion that it is possible that he be maintained with the parents with close follow-up by the youth protection services to ensure the stability of his situation and to help him prepare for his adulthood in the next few months.
THEREFORE, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of X, born on […], 2004, are still endangered; [ 14 ] ORDERS that the adolescent remain with his parents; [ 15 ] ORDERS that the adolescent receive specific health care and health services; [ 16 ] ORDERS that the adolescent and the parents take an active
part in the application of any of the measures ordered by the Court; [ 17 ] ORDERS that the adolescent and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of their current situations; [ 18 ] RECOMMENDS that the parents seek help through social services or another resource deemed appropriate for their substances abuse, their relationship issues, and their personal issues; [ 19 ] ORDERS that the parents remain sober in the presence of the adolescent; [ 20 ] ORDERS that the parents refrain from engaging in any form of violence or aggression in the presence of the adolescent; [ 21 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ attendance at appointments with professionals and their level of involvement in the services provided; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling, or assistance to the adolescent and the parents. [ 23 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection who shall then see that the measures are carried out; [ 24 ] THE WHOLE until [ … ], 2022.
Signed in Val-d’Or on June 6, 2022 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Nada Boumeftah For the adolescent Mtre Geneviève Apollon For the applicant Mtre Ève Laoun For the mother B Self-represented Date of hearing: April 21, 2022
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