2019 QCCQ 19314, 2019 QCCQ 19314

Protection de la jeunesse — 198130 2019 QCCQ 19314 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41-000623-147 DATE: September 23, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2003 adolescent and A mother ______________________________________________________________________ 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 11.2, 11.2.1 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 September 23, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Peggy Warolin on October 31, 2018. [ 3 ] On April 30, 2019, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 4 ] On July 8, 2019, the Tribunal postponed the hearing to September 23, 2019 and maintained the status quo. [ 5 ] Today, the Director recommends that the adolescent remain placed in a rehabilitation centre and that support measures be provided until May 8, 2020. [ 6 ] The mother is agreeing that the adolescent be placed in a rehabilitation centre.

She would like that he be reintegrated within the house of Mrs. B, his previous foster family, as soon as possible. The mother does not agree with the withdrawal of the exercise of her parental authority. [ 7 ] The adolescent has no other option to present at this point. He would eventually like to be integrated into the care of Mrs. B or to the care of Mrs. C, his sister.

Questions in litigation [ 8 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? [ 9 ] Can the Tribunal delegate to the Director the discretion to reintegrate or not the child in a different milieu? [ 10 ] Is it necessary to withdraw from the mother the exercise of her parental authority? Context and Analysis

[ 11 ] The adolescent was placed in the group home in Town A. He continued to exhibit serious behavioural disturbances (running away, being aggressive, not respecting rules, not going to school every day). [ 12 ] From November 13, 2018 to February 8, 2019, the adolescent ran away. Upon his return, on February 9, 2019, he was placed in the group home in Town B. He ran away on several occasions. While on the run, the adolescent consumed marijuana. [ 13 ] On February 14, 2019, the adolescent completely removed the electrical outlet from the wall of his bedroom in the group home, exposing electrical wires.

He later broke his window. He cut his leg, while trying to get out. [ 14 ] On March 3 and 26, 2019, the adolescent did not return to the group home at 8:30 pm as instructed. [ 15 ] The adolescent reports that his mother provided him with drug or money to buy drugs. It happens that he consumes marijuana with his mother while in Town A. He also reported having tried hash oil, cocaine and mushrooms. [ 16 ] In school, the adolescent usually complies with what is asked. He can, at times, display little aggressive behaviours. [ 17 ] The adolescent still has difficulty respecting the group home rules and expectations.

He agreed to have his name put on a waiting list to receive individual counseling from Dr. Joseph Beltempo, psychologist. This assessment is not done yet, but the adolescent still agrees to undertake it. [ 18 ] The adolescent reported being concerned about his mother’s situation as her boyfriend drinks alcohol in an abusive way and beat her up. [ 19 ] In July 2019, the adolescent went to Camp A. Following an incident with another youth, he ran away in the forest. He had to be returned to Town B. [ 20 ] At this point, the adolescent still needs rehabilitation in a structured setting.

It would be premature to consider an integration in a foster family. During her testimony, the Youth Protection worker suggested that a six month period could be sufficient. [ 21 ] As the adolescent ran away on numerous occasions, the Director was unable to present an alternative long term plan for him. [ 22 ] The Director is asking the Tribunal to authorize the adolescent’s reintegration to a foster family, if the situation allows it . In the event that the Tribunal was agreeing to such recommendation, the discretion of the Tribunal to permit the adolescent’s reintegration (

article 91

o) of the Youth Protection Act ) would be delegated to the Director. The Tribunal does not have this jurisdiction. [ 23 ] The mother’s situation has remained essentially the same. She has not stabilized her residential situation and still displays alcohol consumption issues. During her testimony, she mentioned that she had been residing with her uncle for the past two years. She also reported that most of the time, she is away camping. [ 24 ] The mother was not regular in her collaboration with the Director. Despite numerous attempts from the Youth Protection worker, it was difficult to reach her.

On September 9, 2019, the worker was able to communicate with the mother and a meeting was arranged for the next day. Since that meeting, it has been easier to reach her. [ 25 ] Numerous authorizations will have to be signed during the next few months. Past experience shows us that the mother is difficult to reach. Hopefully, it will be easier to reach her in the future. In the event that she could not be reached within 48 hours, the Director will have the authorization to sign some consents for the adolescent.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 26 ] GRANTS the application for extension; [ 27 ] DECLARES that the security or the development of the adolescent is still endangered; [ 28 ] EXTENDS the order rendered on October 31, 2018; [ 29 ] ORDERS that the adolescent be entrusted to a rehabilitation centre; [ 30 ] ORDERS that the adolescent and his mother take an active

part in the application of the measures ordered; [ 31 ] ORDERS that the adolescent and his mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 32 ] TAKES JUDICIAL NOTICE of the mother and the adolescent’s agreement that he be assessed by a psychologist; [ 33 ] ORDERS that the adolescent be assessed by a psychologist; [ 34 ] RECOMMENDS that the adolescent follow the recommendations made; [ 35 ] ORDERS that the adolescent attend school or another place of learning or participate in a program geared to developing skills and autonomy; [ 36 ] ORDERS that the mother remain sober in the presence of the adolescent; [ 37 ] RECOMMENDS that the mother seek help concerning her alcohol and personal issues;

[ 38 ] ORDERS that the contacts between the adolescent and the mother be determined by the Director of Youth Protection as for the modalities and frequency; [ 39 ] WITHDRAWS the exercise of certain attributes of parental authority from the mother regarding education, extra-curricular activities, travel, passport, driving licence and GRANTS this exercise to the Director of Youth Protection if it is impossible to reach the mother within 48 hours; [ 40 ] TAKES JUDICIAL NOTICE of the Director’s agreement to assess the two potential resources suggested by the adolescent; [ 41 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 42 ] THE WHOLE for six months; [ 43 ] 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 October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mrs. Laurence Migué Counsel for the adolescent Mtre Angèle Tommasel Counsel for the mother Date of hearing: September 23, 2019