2019 QCCQ 14166, 2019 QCCQ 14166

Protection de la jeunesse — 194442 2019 QCCQ 14166 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 640-41-001600-136 DATE : April 16, 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 April 16, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the honourable Denyse Leduc on December 21, 2018. [ 3 ] On February 14, 2019, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 4 ] On March 29, 2019, the Tribunal maintained the status quo until April 16, 2019. [ 5 ] Today, the Director recommends that the adolescent remain placed in a rehabilitation centre for a period of nine months and that support measures be ordered for a period of one year. [ 6 ] The parents and the adolescent are in agreement 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 ] On December 13 2018, the adolescent integrated the foster family of her uncle, Mr. C and his partner Ms. D. Following the Christmas period, the foster parents reported that the adolescent started disrespecting their rules to the point where, in January 2019, they asked for her removal. [ 9 ] On February 19, 2019, the adolescent integrated the Group home in City A. She had a difficult time adjusting to this environment. She ran away on several occasions.

She skipped school. [ 10 ] On March 18, 2019, as a permission to use the phone was not given, the situation escalated to the point where the adolescent

assaulted a staff and made threats to kill herself. Following this incident, she was transferred to the A Centre. [ 11 ] The adolescent did not wish to remain in City A. She requested to be transferred to City B. On March 26, 2019, she was admitted in the A Group Home. [ 12 ] From the 3 rd to the 4 th of April 2019, the adolescent ran away. [ 13 ] On April 7, 2019, the adolescent ran away again.

When she was returned to the group home, she became aggressive to the point where she had to be restrained and brought in isolation. [ 14 ] The adolescent now recognizes that she needs help before reintegrating her mother’s home. [ 15 ] The mother actively collaborated with the Director. She remains sober, sees a worker and an art therapist to resolve her own issues. [ 16 ] The father remains available for his daughter but he has not yet taken steps to stabilize his own situation. [ 17 ] A period of rehabilitation appears necessary. The fact that the adolescent agrees to this process should facilitate it.

Following her reintegration, the Director’s support will remain necessary.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for revision; [ 19 ] DECLARES that the security or the development of the adolescent is still endangered; [ 20 ] REVISES and EXTENDS the order rendered on December 21 st , 2018; [ 21 ] ORDERS that the adolescent be placed in a rehabilitation centre for a period of nine months; [ 22 ] ORDERS that the adolescent attend school regularly; [ 23 ] RECOMMENDS that the adolescent participate in tutoring services on the subjects that she has a hard time with; [ 24 ] ORDERS that the adolescent communicate with the Youth Protection worker on a bi-weekly basis; [ 25 ] ORDERS that the visits between the adolescent and her parents be determined by the Director of Youth Protection; [ 26 ] ORDERS that the Director ensure that the adolescent receive any medical, psychological, social and educational services that she may need; [ 27 ] ORDERS that the parents cooperate with the Director of Youth Protection; [ 28 ] RECOMMENDS that the mother continue participating in her follow up with the community worker and therapists; [ 29 ] RECOMMENDS that the father get an evaluation done by [Program A] worker or any other worker that could do such an evaluation and follow the recommendations for treatment; [ 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 twelve months; [ 32 ] 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 May 22, 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: April 16, 2019