2019 QCCQ 11529, 2019 QCCQ 11529

Protection de la jeunesse — 192233 2019 QCCQ 11529 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000286-189 DATE: January 8, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT and X, born on [...], 2006 YOUTH and A MOTHER And B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act , C.Q.L.R., 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 Director of Youth Protection submits a motion asking the Court to review and extend a previous judgment rendered on March 28, 2018, by the honourable Lucille Beauchemin, J.C.Q. [ 2 ] In that judgment, the security and development of X were declared endangered because he was victim of neglect regarding supervision and support and there was a serious risk that his parents were not providing for his basic needs (38 b) 1° iii) and 38 b) 2° of the Youth Protection Act ). [ 3 ] For the present motion, the Youth Protection Worker adds in her revision report that X is also displaying behavioural disturbances (38

f) of the Youth Protection Act ). [ 4 ] For the hearing, both parents and the teenager are present and represented by counsel.

The parents admit all of the allegations of the petition as well as the youth except for one paragraph that is related to his parents. [ 5 ] The allegations admitted are : • X remained in the rehabilitation centre; • He continued to exhibit behavioural difficulties; • He is aggressive towards staff members and towards other youths; • He attends a special school program as he is unable to function in a regular class; • He has had few visits with the parents in the community; • The parents have not entered in any treatment program; • The mother lost most of her speech due to her stroke and is not in a position to take care for the teenager; • The mother continues to attend frequent medical appointments in Town A; • The father continues to drink;

• The father states he works nights, sleeps during the day and does not have any time for treatment, therapy or meetings with Youth Protection; • At the present time, the teenager’s behaviour continues to require the structure of a rehabilitation centre; [ 6 ] All the parties are in agreement with the recommendations made by the Social Worker. [ 7 ] The evidence reveals that the father attended twice a treatment centre, the last time being about four years ago.

He admits that he still has issues with alcohol consumption, but says that he reduced his alcohol intake to one to three times per month. [ 8 ] The mother does not display a problem with alcohol consumption, but the Youth Protection Worker states that the couple could benefit from a therapy to improve their communication. [ 9 ] The father declared to the DYP that he does not want his child to follow in his steps. So he is very conscious of his problems.

Now he needs to get the necessary tools in order to permanently resolve his alcohol consumption issues. [ 10 ] In her last judgment, Judge Lucille Beauchemin ordered that X receive all the required assessments regarding his mental health and that the recommendations be followed.

It seems that this was not done since in the revision report, this it is still a goal set by the Social Worker : “X also needs to be assessed by a psychiatrist to know where he’s at age, with his learning too.” (sic) [ 11 ] It becomes very important that all these assessments be done in a near future in order to provide adequate help for X. FOR THESE MOTIVES, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] MAINTAINS that to this day, the security and development of X, born on [...], 2006, are still endangered (38 b) 1° iii), 38 b) 2°) and 38

f) YPA); [ 14 ] ORDERS the placement of X in a rehabilitation centre for a period of one year, with a possible reintegration into a foster home at the end of the school year if the situation allows it; [ 15 ] STRONGLY RECOMMENDS that such placement take place in the A Group Home ; [ 16 ] ORDERS that access between X and his parents be authorized and supervised by the Director of Youth Protection; [ 17 ] ORDERS X to attend school regularly; [ 18 ] ORDERS X to follow the rules established by the Group Home; [ 19 ] ORDERS that X be assessed by a psychiatrist or a psychologist and that all the recommendations be followed; [ 20 ] ORDERS that X receive counselling concerning drug and alcohol consumption; [ 21 ] ORDERS the father to seek treatment to address his alcohol issues; [ 22 ] ORDERS the parents to be and remain sober when in presence of X; [ 23 ] ORDERS the parents not to put X in the presence of people under the influence of drugs, alcohol or any other intoxicating substances; [ 24 ] ORDERS that aid, counselling and assistance be provided to the family for a period of one year and especially that help be provided to the parents in order to improve their parental skills such as implementing structures and discipline; [ 25 ] ORDERS any peace officer to collaborate with the execution of the Court orders if required to do so by the Director of Youth Protection or one of its representatives; [ 26 ] ENTRUSTS the teenager’s situation to the Director of Youth Protection for the execution of the Court orders.

Signed in Town B on January 28, 2019 __________________________________ LUCILLE CHABOT, J.C.Q. Mtre Magdalena Lempicka Ferreira Lempicka Attorneys Counsel for the Director of Youth Protection Mtre Yan Massé Centre communautaire juridique A

Counsel for the child Mtre Marie-Josée Ayoub Ayoub avocats Inc. Counsel for the mother Mtre Michel Grenier Counsel for the father Date of hearing: January 8, 2019