2023 QCCQ 6429, 2023 QCCQ 6429

Protection de la jeunesse — 233364 2023 QCCQ 6429 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001127-213 DATE: April 3, 2023 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2007 adolescent and A (deceased) 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 3, 2023. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by Justice Peggy Warolin on July 27, 2022. [ 3 ] Today, the Director recommends that the adolescent be entrusted to the foster family of her brother, Mr.

C and that diverse support measures be ordered until January 31, 2024. [ 4 ] The father agrees with the proposed measures and respects his daughter’s wishes. [ 5 ] The adolescent agrees with the Director’s plan. Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The father’s situation remained essentially the same. He has continued consuming cannabis. He still minimizes her issues.

The father has not been able to support the adolescent in taking her medication adequately and is still unable to provide his daughter with the structure she needs. [ 8 ] The adolescent responded well to the structure of the rehabilitation centre. She was placed at the unit A. She actively participated in the program. She has continued to take her prescribed medication in the morning. She sometimes refused to take her medication during the evenings and at nighttime.

Concerns remain that she does not take her medication at all when she visits in the community. [ 9 ] The adolescent received support by an occupational therapist and in neuropsychology.

[ 10 ] Unfortunately, the services that were ordered on July 27, 2022 were not provided in due time. The Director did not take the necessary steps to implement the Court order. This is troubling as part of the Director’s role is to ensure that the Court orders are respecte [ 11 ] Over time, the adolescent’s behaviours greatly improved at the unit. Three home visits were organized.

During these visits, the adolescent was supported by her older brother, C. [ 12 ] The adolescent feels like she is ready to return to the community. [ 13 ] At this point, the adolescent is ready to return to her community in [Community A]. Her older brother, Mr. C seems more able to provide her with a stable and suitable environment. The Director recognized him as a foster family.

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 July 27, 2022 by Justice Peggy Warolin; [ 17 ] ORDERS that the adolescent be entrusted to the foster family of her brother, Mr. C; [ 18 ] ORDERS that the adolescent, her father and her brother take an active

part in the application of any of the measures ordered by the Court; [ 19 ] ORDERS that the adolescent, her father and her brother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 20 ] ORDERS that the adolescent receive specific health care and health services such as a follow the medical recommendation regarding medication; [ 21 ] ORDERS again some of the services previously ordered by Justice Warolin, namely that the adolescent receive a psychological assessment and follow-up and a follow-up in audiology; [ 22 ] ORDERS that those services be rendered available to the adolescent without delay and that the Director of Youth Protection seek services outside of the clinic A if need be; [ 23 ] ORDERS that the father remain sober in the presence of the adolescent; [ 24 ] ORDERS that the father refrain from any kind of violence in the presence of the adolescent; [ 25 ] RECOMMENDS that the father seek help through the Social Services or another resource deemed appropriate concerning his personal issues; [ 26 ] AUTHORIZES the Director of Youth Protection to access the information regarding the adolescent and her father’s presence at appointments with professionals and their level of involvement with the services provided; [ 27 ] ORDERS that the contacts between the adolescent and her father be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 28 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the father’s residence when the adolescent is present; [ 29 ] ORDERS that the services of an external educator within the community be provided to the family; [ 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 until January 31, 2024; [ 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 June 6, 2023 /cd Mtre Justine Carli Counsel for the Director of Youth Protection Mtre Geneviève Lucas Counsel for the adolescent Mtre Ève Laoun

Counsel for the father Date of hearing: April 3, 2023