2019 QCCQ 19531, 2019 QCCQ 19531

Protection de la jeunesse — 197964 2019 QCCQ 19531 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] « Youth Court Division » N°: 525-41-034136-184 Date: October 18, 2019 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2002 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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 Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of October 18, 2019, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision of an order rendered by the undersigned, on November 22, 2018, whereby the now seventeen year-old adolescent, X , was entrusted to her mother with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the application for revision dated August 23, 2019, are as follows: 3.1. the adolescent remained entrusted to her mother’s care; 3.2. information is to the effect that the family only used the available respite on one or two (2) occasions; 3.3. on July 1, 2019, the mother lost her apartment, and has been residing at the hotel A ever since; 3.4. the adolescent continued to demonstrate behavioural issues; 3.5. the adolescent was unaccountable for her whereabouts in the community, for periods of up to four days at a time; 3.6. the adolescent smokes one (1) to two (2) joints of marijuana per day, and consumes cocaine on an occasional basis; 3.7. information is to the effect that the adolescent is not taking her medication for her diabetes and is not properly checking her glucose levels; 3.8. on August 19, 2019, the youth protection worker attempted to prepare a behavioural contract with the family but the adolescent did not engage in the creation of the contract; 3.9. the mother then requested for the adolescent to be placed as she could not ensure the adolescent’s safety; 3.10. that same day, immediate protective measures were invoked and the adolescent was placed at Group Home A; 3.11. on August 21, 2019, the Honorable Claude Lamoureux extended the Application of immediate protective measures for a period not exceeding five (5) working days;

3.12. the adolescent and mother have a conflictual relationship, and the adolescent has expressed not being ready to return to her mother’s care; 3.13. the father is not actively involved in caring for the adolescent’s or working with youth protection services (reproduced with errors and/or omissions). [ 4 ] On August 26, 2019, the Director presented an application for the adolescent’s provisional compulsory placement in a rehabilitation center. [ 5 ] The mother, assisted by Me Macleod, admitted all the alleged facts, except paragraph 3.6 which was denied, and consented to the proposed measures. [ 6 ] The adolescent, assisted by Me Tremblay, admitted most of the alleged facts and also agreed to the placement. [ 7 ] The hearing on the merits proceeded on October 18, 2019.

The Director then recommended that the adolescent be entrusted to her mother, with aid, counsel and assistance, as well as additional corrective measures, until she reaches the age of majority. [ 8 ] Both the adolescent and her mother agreed to the adolescent’s return to her mother’s care and consented to the measures recommended by the Director of Youth Protection. [ 9 ] The adolescent’s father, who is recovering from surgery, could not be present at the hearing. However, he was aware of the proceedings, and expressed his agreement to the measures.

Consequently, the Court proceeded in his absence. [ 10 ] The Director filed Exhibit D-5 as evidence: D-5: Court Report, prepared by [Social Worker 1], dated October 9, 2019. [ 11 ] In

summary, the adolescent acknowledges that she engaged in risky, self-destructive behavior, including daily use of cannabis and contacts with inappropriate sexual partners. [ 12 ] As she approaches the age of majority, numerous services are in place to support the family and to help the mother set appropriate boundaries and provide adequate structure in the home for her daughter. [ 13 ] The family accepts the support and agrees that ongoing social services remain necessary. [ 14 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the adolescent’s interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of the adolescent, X remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the adolescent be entrusted to her mother; [ 18 ] RECOMMENDS that the adolescent continue to engage with all her service providers (i.e.

CR[A] educator, CR[A] psychologist, CLSC social worker, School Social Worker) to address her trauma, behaviour, and anger; [ 19 ] RECOMMENDS that culturally appropriate services be identified as quickly as possible to help the adolescent with respect to substance abuse; [ 20 ] STRONGLY RECOMMENDS that respite be provided to the family on weekends; [ 21 ] RECOMMENDS that the mother continue to engage with all her service providers (i.e. [...] educator, [...] psychologist, CLSC social worker, [Shelter A]) to better manage the adolescent’s behaviour and to receive support with parenting; [ 22 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolesent and her family; [ 23 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 24 ] THE WHOLE until she reaches the age of majority, on […], 2020.

Signed on October 25, 2019 TAYA DI PIETRO, Q.C.J. Me Sym Anthony Davis Attorney for the Director of Youth Protection Me Sonia Harvey Attorney for the adolescent Me Heather Macleod Attorney for the mother TD/vl