2023 QCCQ 6428, 2023 QCCQ 6428

Protection de la jeunesse — 233363 2023 QCCQ 6428 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-041247-230 DATE: May 4, 2023 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2007 adolescent and A B parents C tutor ______________________________________________________________________ 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 9.2, 9.3 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 May 4, 2023. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent’s security or development is endangered as she exhibits serious behavioural disturbances. [ 3 ] Today, the Director recommends that the adolescent be placed in a rehabilitation centre and that support measures be ordered for a period of nine months. [ 4 ] The adolescent and her tutor agree 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 ] The adolescent has been residing with Ms. C, her paternal grandmother since she was five years old. On April 6, 2017, Ms. C was granted tutorship for the adolescent. [ 7 ] The adolescent has been diagnosed with Attention Deficit Hyperactivity Disorder, anxiety and Post-Traumatic Stress Disorder.

She took medication in the past but for now, no medication is needed. [ 8 ] The adolescent mentioned having sporadic contacts with her parents. [ 9 ] The adolescent has not been respecting her grandmother’s rules. She has brought boys to her room in the middle of the night. She also sneaked out of the home in the middle of the night. She has been involved with negative peers such as gang members. She

expressed being fearful of her ex-boyfriend, D. She has also been skipping school. [ 10 ] In 2022, the adolescent received support from the CLSC. [ 11 ] On January 30, 2023, the adolescent was placed at Group Home A on a voluntary basis. [ 12 ] In the group home, the adolescent had trouble respecting the rules and program. She consumed marijuana in the group home.

On February 23, 2023, the adolescent ran away and was found by the police later during the day. [ 13 ] On February 24, 2023, immediate protective measures were invoked, and the adolescent was placed at Group Home A. [ 14 ] On February 27, 2023, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 15 ] The adolescent visited her grandmother on a weekly basis.

Visits are reported as positive. [ 16 ] The adolescent integrated a new school and she appreciated this new environment. [ 17 ] At this point, further placement in a neutral and structured setting is required. Despite support, until now, the adolescent still struggled with the expectations and rules from the centre. 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 (

section 38

f) of the Youth Protection Act ); [ 20 ] ORDERS that the adolescent be entrusted to rehabilitation centre for a period of nine months with reintegration to Ms. C’s home over the last three months; [ 21 ] ORDERS that the adolescent attend school daily, unless otherwise authorized by a medical note; [ 22 ] ORDERS that frequency and modality of contact between the adolescent and Ms.

C, as well as her extended family members be determined upon agreement of all parties throughout her placement; [ 23 ] ORDERS that the frequency and modality of contacts between the adolescent and her parents be determined by the Director of Youth Protection, including supervision if required; [ 24 ] RECOMMENDS that the adolescent engage in therapeutic services and follow the recommendations of the treating professionals; [ 25 ] AUTHORIZES the Director of Youth Protection to exchange information with all treating professionals; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 27 ] THE WHOLE for a period of nine months; [ 28 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on June 5, 2023 /cd Mtre Christine Waldvogel Counsel for the Director of Youth Protection Mtre Alec Fafard Counsel for the adolescent Date of hearing: May 4, 2023