2022 QCCQ 12416, 2022 QCCQ 12416

Protection de la jeunesse — 227369 2022 QCCQ 12416 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000379-182 DATE: November 23, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2007 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 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 November 23, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Lucie Godin on January 14, 2022. [ 3 ] On October 12, 2022, the Tribunal ordered the provisional placement of the adolescent in a rehabilitation centre. [ 4 ] Today, the Director recommends that the adolescent remain placed in a rehabilitation centre for a period of 6 months and that reintegration to the father’s care happen following 3 months.

The Director also recommends that support measures be ordered for a period of one year. [ 5 ] The father was absent at the hearing but mentioned to the Youth Protection worker that he was agreeing with the recommended measures. [ 6 ] The adolescent and the mother also agreed with the Director’s plan. Question in litigation [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and analysis [ 8 ] In her previous judgment, Justice Godin clarified that the goals of the intervention were to stabilize the adolescent by providing a structured environment.

The adolescent was to learn to cope with her family situation and to continue with her education and community-based service. [ 9 ] The mother’s situation remained essentially the same. She has continued to struggle with alcohol and drug consumption issues. She did not take any formal steps to correct these issues. The mother admitted to consuming alcohol until she learned about her

pregnancy at 21 weeks. The mother has continued to consume marijuana. [ 10 ] The adolescent has remained placed in a rehabilitation centre. She has continued to exhibit difficult behaviours (consuming alcohol, running away, not respecting the rules, damaging property, delinquency, suicide ideations, self-harm). She made progress in her ability to manage her emotions and follow the centre’s routine. [ 11 ] The adolescent started attending weekly therapy session with psychotherapist.

Since October 2022, she began counselling sessions with a community worker and started art therapy in November 2022. [ 12 ] During visits with her father, the adolescent has respected his authority and the authority of her stepmother (C). The visits appear positive for the adolescent. [ 13 ] The adolescent still needs to stabilize her situation and address certain behaviours. The Director’s goal is to eventually integrate her to the care of her father. As the adolescent did not have contact with her father for a long period of time, the Director submits that a slow and progressive integration will be necessary.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application for revision; [ 15 ] DECLARES that the security or the development of the adolescent is still endangered; [ 16 ] REVISES the order rendered on January 14, 2022, by the Honourable Lucie Godin; [ 17 ] ORDERS that the adolescent be entrusted to a rehabilitation centre for a period of six months; [ 18 ] ORDERS that the adolescent slowly integrate to her father’s care starting in 3 months; [ 19 ] ORDERS that the frequency and modality of contacts between the adolescent and her parents be determined by the Director of Youth Protection ; [ 20 ] ORDERS that the mother refrain from consuming alcohol during visits with the adolescent; [ 21 ] RECOMMENDS that the mother take active steps to address her unresolved substance abuse issues; [ 22 ] AUTHORIZES the Director of Youth Protection to obtain and share information from service providers working with the family as to progress and attendance; [ 23 ] ORDERS that the mother collaborate with the Director of Youth Protection , meet with the worker upon request and inform the worker of any change of coordinates; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 25 ] ORDERS that any peace officer collaborate with the directives given; [ 26 ] THE WHOLE for a period of one year; [ 27 ] 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 January 6, 2023 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the adolescent Mtre Marie-Josée Ayoub Counsel for the father Date of hearing: November 23, 2022