2019 QCCQ 19313, 2019 QCCQ 19313

Protection de la jeunesse — 198129 2019 QCCQ 19313 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] “Youth Division” No: 635-41- 000346-103 DATE: September 26, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2005 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 September 26, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Marc Ouimette on March 19, 2019. [ 3 ] Today, the Director recommends that the adolescent be placed in a rehabilitation centre and that support measures be ordered until August 7, 2020. [ 4 ] The mother is not in agreement with the Director’s plan.

She mentioned needing approximately two months to prepare herself for the adolescent’s reintegration to her care in Town A. In the meantime, the mother suggests that the adolescent be entrusted to Mrs. C, her cousin. [ 5 ] The adolescent wishes either to be entrusted to her mother’s care or to be placed with Mrs. C. Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The adolescent was placed in the foster family of Mr. D, a person who was known and significant for her.

On March 20, 2019, she presented with suicidal ideations and was evaluated by the CLSC. [ 8 ] On April 11, 2019, following a friend’s suicide, the adolescent expressed suicidal ideations at school. [ 9 ] In May 2019, the adolescent refused to meet with the youth psychiatrist and with the Youth Protection psychologist.

[ 10 ] In June 2019, she expressed suicidal ideations when confronted with the structures and the rules of Mr. D. The adolescent had been defiant and rude, not respecting her curfew and rules and smoking marijuana. She had to be hospitalized for two days. [ 11 ] Following her release from the hospital on June 30, 2019, the adolescent was transferred to a family that was known to her, Ms. E. On July 8, 2019, Ms. E requested that the adolescent be removed from her care as she had stolen money from her. She denies having stolen money from Ms. E. She was then transferred to the care of Ms. F, Ms.

E’s sister. [ 12 ] The Youth Protection worker acknowledged that she had not informed the mother of the adolescent of the different transfers from foster families (Mr. D, E and F). This clearly constitute a violation of the mother’s right to be consulted and informed regarding the adolescent transfer from one foster family to the other (

article 7 of the Youth Protection Act ). [ 13 ] On July 9, 2019, the adolescent posted videos on the internet where she is filming one of her friends assaulting a girl with disabilities. This incident is under police investigation. [ 14 ] On July 26, 2019, Ms. F reported that the adolescent was not respecting her rules and curfew. [ 15 ] On July 30, 2019, the Tribunal ordered the compulsory foster care of the adolescent in a rehabilitation centre. [ 16 ] During the past school year session, the adolescent has been less truant from school. She passed her school year with success.

This is clearly one of the adolescent’s forces. Since last week, she started attending school in Town B. [ 17 ] The adolescent’s doctor recommended that she participates in intensified psychotherapy and that she receives services in psychiatry.

The Doctor recommended that she be placed in a more structured environment such as a rehabilitation centre. [ 18 ] The adolescent is not taking responsibility for her actions. [ 19 ] On April 4, 2019, the father presented himself to the Youth Protection office and appeared to be intoxicated. [ 20 ] On May 23, 2019, it was reported that the father had send a message to the adolescent using inappropriate and hurtful language. [ 21 ] During a visit with her adoptive mother in June 2019, the adolescent and her brother reported to their escort that their mother provided them with cannabis.

During her testimony, the mother denied ever having provided the adolescent with drugs. [ 22 ] On July 2, 2019, the father was arrested for being intoxicated and breaching his conditions. He has been incarcerated in Town C and at the Amos Detention Centre. He has not yet taken steps to address his drinking issues. [ 23 ] Ms. A, the adoptive mother and biological grandmother of the adolescent, is still residing in Town A. [ 24 ] At this point, the Tribunal cannot consider her as a potential resource for the adolescent. [ 25 ] The mother does not have an apartment big enough to receive the adolescent.

She is not realistic when she mentions needing two months to find a bigger place. [ 26 ] The adolescent would need to be registered in school in Town A. The mother would need support to take such steps. [ 27 ] The mother has not been transparent with the Director. Contrary to what is reported by her two children, she denies having provided them with marijuana.

When she was confronted by the Youth Protection worker, the mother responded: “ it’s not your business, what we do ”. [ 28 ] She is certain her daughter would respect her rules, but is unable to explain what she based her impression on. [ 29 ] During her testimony, the mother mentioned that she drinks once per week or once every two week. She drinks six beers and still feel fine. [ 30 ] The mother has not been collaborative with the Director. She puts the onus on the Youth Protection worker to call her: “ they have my cell, my email, they know where I work ”.

The Youth Protection worker mentions communicating with the mother mostly by email, approximately once per month. The mother is also not collaborative with Centre A, who is involved with her other daughter, Y. [ 31 ] At this point, the Tribunal cannot consider Mrs. C, the mother’s cousin, as a potential resource for the adolescent. [ 32 ] During her testimony, Mrs. C was quite transparent. She mentioned that she would love to have the adolescent with her and that she would treat her like her own children. She mentioned that she felt obliged to care for her as she had no place to go. [ 33 ] Mrs.

C knows that the adolescent wanted to hurt herself, but outside of this she knows little about the situation. She describes the adolescent as outgoing and fun. She does not have a realistic understanding of the adolescent’s needs. [ 34 ] The adolescent has continued to present with several behavioural difficulties and has refused the numerous offers for help and support. [ 35 ] At this point, the adolescent needs to reflect on her behaviours and is not ready to integrate another foster family or her mother’s care. A period of rehabilitation appears necessary. THEREFORE AND FOR THESE REASONS, THE COURT:

[ 36 ] GRANTS the application for revision; [ 37 ] DECLARES that the security or the development of the adolescent is still endangered; [ 38 ] REVISES the order rendered on March 19, 2019; [ 39 ] ORDERS that the adolescent be entrusted to a rehabilitation centre; [ 40 ] ORDERS that the adolescent, the mother and Mr. B take an active

part in the application of any of the measures ordered and fully collaborate with the Director of Youth Protection; [ 41 ] ORDERS that the adolescent, the mother and Mr. B report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 42 ] ORDERS that the adolescent attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 43 ] ORDERS that the mother and Mr. B remain sober in the presence of the adolescent; [ 44 ] RECOMMENDS that the mother and Mr.

B seek help through the Social Services concerning substances abuse and personal issues; [ 45 ] ORDERS that the contacts between the adolescent, the mother and Mr.

B be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 46 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 47 ] THE WHOLE until August 7, 2020; [ 48 ] 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 October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mrs.

Laurence Migué Counsel for the adolescent Date of hearing: September 26, 2019