2022 QCCQ 13648, 2022 QCCQ 13648

Protection de la jeunesse — 228396 2022 QCCQ 13648 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No.: 615-41-003018-222 DATE: December 22, 2022 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], duly authorized by the interim Director of Youth Protection of the Centre intégré de santé et de services sociaux A, having a place of business at […] Applicant and X, born on [...], 2008 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 9.2 , 9.3 and 135 Y.P.A. ). [ 1 ] The interim Director of Youth Protection (DYP) submits to the Court an application for protection and asks that the security and development of the adolescent X, born on [...], 2008, be declared in danger under sections 38(b)(1)(iii) and 38(b)(2) of the Youth Protection Act [1] ( YPA ). [ 2 ] The parents were not present at the hearing despite being duly served with the proceedings. [ 3 ] The adolescent agrees with the measures proposed by the DYP to put an end to the situation endangering his security and development. [ 4 ] He admits all the allegations of the application, which can be summarized as follows: − The parents have displayed substance abuse problem over the past few years; − They were addicted to “speed”.

They were referred to Dr. Ricard, who prescribed Saboxine as treatment, but they did not continue taking their medication or attend follow-up with Dr. Ricard; − The parents affirmed that they have no current substance abuse problems, but there have been indicators of potential substance use, such as the parents staying awake for long periods and then sleeping multiple hours afterwards. They have displayed agitation and exhaustion, with trembling, and sniffing.

They have neglected their children; − The adolescent has been absent for a large amount of the 2021-2022 school year; − He failed most subjects in school due to his high rate of absenteeism; − The parents are not able to impose a structure to ensure he attends school; − He had no routine and no specific bedtime, and he often slept late in the morning and did not attend school; − On two occasions, the police had to intervene at the family’s residence due to the presence of teenagers in a state of intoxication without parental supervision; − The parents cooperated very little with the DYP; − The family was evicted from their apartment;

− The adolescent was left in Town A even though the family moved to Town B; − On or about August 26, 2022, an immediate protective measure was applied, and the adolescent was entrusted to a foster family; − Since then, the adolescent has been in provisional foster home placements.

Starting on September 2, 2022, he was in an Indigenous foster family in the community A, as no other members of his family have been identified as fit and available to receive him, and steps taken with services in his community of origin have been inconclusive; − Throughout his provisional placements, the adolescent has been exhibiting emergent behavioural difficulties such as marijuana use, electronic cigarette smoking at school, foul language, and involvement in two acts of vandalism. − The adolescent was suspended from school three times; − On or about November 17, 2022, the applicant was informed by the Youth Protection Services in Town C that it had received a report of inappropriate sexual touching allegedly committed by the adolescent against another teenager within the foster family’s environment has been received; − Since November 18, 2022, the adolescent has been in placement in a rehabilitation centre; − The adolescent admitted a sexual gesture, indicated having had no malicious intent, and was only trying to be playful; The teenager has also expressed significant remorse in regard to the incident; − The adolescent received some sexual education during his stay in the rehabilitation centre namely regarding to the notion of consent to which he was very receptive and demonstrated interest in learning; − The parents have not visited the adolescent since his stay in the rehabilitation centre and missed the scheduled phone contact with him on December 4, 2022; − The parents have not yet settled in a place of residence; − The parents were invited to share their availability for “in person” contact with the children, which they have not done; [ 5 ] The parents struggle to offer a proper routine and structure to the adolescent to ensure he attends school.

They explained having financial difficulties and the children often do not have clean clothes to attend school. [ 6 ] According to the applicant, during the evaluation process the lack of organisation skills by the parents was obvious. The adolescent is more often than not, left to his own. [ 7 ] On April 1, 2022, the police intervened at the family’s apartment.

A group of teenagers were under the influence of alcohol and drugs without parental supervision. [ 8 ] The parents offer poor collaboration to the DYP and to the school authorities. [ 9 ] The evidence provided and the admissions of the adolescent permits to conclude that his security and development are in danger based on the lack of proper structure and failing by the parents to provide appropriate supervision (section 38, paragraph b)1 o iii YPA ). There is also a risk of neglecting under

section 38, paragraph b)2 o YPA . [ 10 ] The adolescent showed behavioural difficulties such using marijuana, foul language and involvement in two different acts of vandalism. He receives a suspension from school. The adolescent also committed inappropriate sexual gesture toward another teenager. Accordingly, the Court declares that his security and development are in danger because he has serious behavioural disturbances, pursuant to

section 38 (

f) YPA . THE APPLICABLE MEASURES [ 11 ] The adolescent has been in placement in a rehabilitation centre since November 18, 2022. The educators have noted that the adolescent is very receptive to learning and working on himself with the support of their services. He has evolved positively and has shown a great sense of responsibility. [ 12 ] According to the applicant, Ms. [Social Worker 1], it is no longer necessary for the adolescent to be in a rehabilitation centre, as he has demonstrated a great ability to respect the rules and work on himself.

She recommended that the adolescent be placed in a foster family where structure and supervision is provided to him. The adolescent’s former foster family, Ms. C and Mr. D, have shown that they are very familiar with his difficulties and have demonstrated their interest to support him through his rehabilitation process. [ 13 ] It is in the interest of the adolescent to be entrusted to this foster family, who is able to answer his needs.

FOR ALL THE ABOVE REASONS, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES that the security and development of the adolescent X are in danger under sections 38 (b)1 iii, 38(b)2 and 38(

f) of the Youth Protection Act ; [ 16 ] ORDERS that the adolescent be placed in a foster family for a period of 11 months;

[ 17 ] RECOMMENDS that the adolescent actively participate in the program A in order to provide him with further sexual education; [ 18 ] ORDERS that contact between the adolescent and his parents, his siblings, and his extended family be encouraged as long as the situation allows it, and that the interim Director of Youth Protection determine the terms and frequency of the contact and the presence of a third party, if required; [ 19 ] ORDERS that the adolescent attend school regularly; [ 20 ] ORDERS that the adolescent receive the health care and services required by his situation, in particular personal follow-up services for his substance use; [ 21 ] RECOMMENDS that the parents continue to receive follow-up services for their substance use problem and that they follow the recommendations of the professional providing the services; [ 22 ] RECOMMENDS that the parents authorize the professional providing services to them and the adolescent to submit information concerning attendance, collaboration, achievement, diagnoses, and recommendations to the interim Director of Youth Protection; [ 23 ] ORDERS that the parents report periodically to the interim Director of Youth Protection on the measures they apply to put an end to the situation endangering the security and development of the adolescent; [ 24 ] ORDERS that the parents and the adolescent collaborate and participate actively in the interim Director of Youth Protection’s follow-up and that they apply the advice and means that are suggested to them; [ 25 ] AUTHORIZES the interim Director of Youth Protection to make unannounced visits to the parent’s place of residence when the adolescent is present; [ 26 ] ORDERS that parental authority over school attendance and registration be withdrawn from the parents and given to the interim Director of Youth Protection; [ 27 ] ORDERS that a person working in an institution or establishment provide help, advice, and assistance to the adolescent and the parents for a period of 11 months; [ 28 ] ENTRUSTS the situation of the adolescent to the interim Director of Youth Protection for the execution of the present judgment.

Signed Town A on February 20, 2023 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Lythiana Joelle Nyonkuru For the adolescent Mtre Valérie Martel For the applicant Date of hearing: December 22, 2022