2019 QCCQ 11836, 2019 QCCQ 11836

Protection de la jeunesse — 191881 2019 QCCQ 11836 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 614-41-000159-162 DATE : February 13, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2004 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 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 February 13, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that that it is necessary to revise the order rendered by the Honourable Denyse Leduc on August 24, 2018. [ 3 ] Today, the Director recommends that the adolescent remain placed in a rehabilitation centre for a period of nine months.

The Director also recommends that support measures be put in place for a period of one year. [ 4 ] The mother’s position is that she will follow the wishes of her daughter. She knows she needs to work on her own situation. She plans to attend a relapse program, family treatment and an anger management program. [ 5 ] The father is agreeing with the Director’s plan. His attorney mentions that he would like to have a worker in his community. [ 6 ] The adolescent considers that a shorter placement would be appropriate. She suggests a six month duration.

Questions in litigation [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? [ 8 ] What should be the placement’s duration? Context and Analysis [ 9 ] Until December 2018, the adolescent’s situation appeared to have stabilized. The foster family was then informed that the adolescent was skipping classes. [ 10 ] In January 2019, the adolescent had a party in the foster parents’ home, while they were away.

[ 11 ] The adolescent has been consuming marijuana and drank alcohol on occasions. [ 12 ] The foster parents requested that the adolescent be removed from their care. [ 13 ] On January 15, 2019, immediate protective measures were invoked and the adolescent was entrusted to a rehabilitation centre. [ 14 ] On January 23, 2019, the Tribunal entrusted the adolescent to another foster family on a provisional basis. Following this order, the adolescent refused to spend time in the foster home and to abide by the foster family’s rules.

She requested to be placed in a rehabilitation centre. [ 15 ] On February 4, 2019, the Tribunal orders the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 16 ] In her last judgment, Justice Leduc was very clear with the mother, using the following words: [9] The children are doing well in their foster family. They are very anxious for the mother to get help and remain sober, so they could return to her care. [10] The mother agree(sic) to return in treatment for substance abuse and therapy.

She is well informed that she needs to collaborate and stabilize herself otherwise the Director will have to prepare a life pan(sic) for the children. [ 17 ] The mother wishes to attend family treatment with her children. She has not yet taken any steps to partake in a treatment program. She does not go see her community worker. She recently made plans to take

part in an anger management program. [ 18 ] During her testimony, the youth protection mentioned that the mother would probably need, at least, nine months to stabilize her situation. This is true, if the mother respect her commitments. She needs to work rapidly and intensively. In the event she does not follow through, the Director will have to present an alternative long term plan for the adolescent. [ 19 ] The youth protection worker has been able to keep contact with the father through phone or social media. He keeps contact with his daughter through Facebook. He has not yet started to attend any treatment.

It is mentioned to the Court that he might be in City A, Quebec. He needs to stabilize his residential situation before any steps can be done by the Director to provide him with a worker in his community. [ 20 ] At the group home, the adolescent functions relatively well. She experiences difficulty when someone says no to her request. Up to now, she does well in school. Even if the mother needs nine months to stabilize her own situation, the adolescent needs to have her situation reviewed in a shorter delay. A placement period of six months appears reasonable.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application for protection; [ 22 ] DECLARES that the security or the development of the adolescent is still endangered; [ 23 ] REVISES the order rendered on August 24, 2018; [ 24 ] ORDERS that the adolescent be placed in a rehabilitation centre; [ 25 ] RECOMMENDS that the mother attend and complete treatment for her personal issues and substance abuse; [ 26 ] RECOMMENDS that the mother take

part in family therapy and anger management; [ 27 ] ORDERS that the adolescent continue her education and attend school on a full time basis; [ 28 ] ORDERS that the parents cooperate with the Director of Youth Protection and report regularly to the Director of Youth Protection on their situation; [ 29 ] RECOMMENDS that the father continue to seek help for his personal issues including substance abuse; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 31 ] THE WHOLE for a period of six months; [ 32 ] 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 February 25, 2019 /cd Mtre Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the adolescent

Mtre Michel Grenier Counsel for the mother Mtre Marie-Josée Ayoub Counsel for the father Date of hearing: February 13, 2019