2018 QCCQ 15844, 2018 QCCQ 15844

Protection de la jeunesse — 186133 2018 QCCQ 15844 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 652-41-000008-187 DATE: July 18, 2018 ______________________________________________________________________ BY THE HONOURABLE VICKY LAPIERRE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the Director of Youth Protection Applicant and X, Teenager and A, Mother and B, Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 of the YPA). [ 1 ] The Court is presented with a remodified court application for review and extension pursuant to sections 95 and 75 of the Youth Protection Act. [ 2 ] In support of her application, the Director of Youth Protection (DYP) produces a report written by [Social Worker 2], authorized member of her staff, on July 9 th , 2018, under D-2. [ 3 ] In the application, it is alleged that the security or development of the teenager is in danger because of the neglect caused by the parents considering their inappropriate parental capacities.

Also, the teenager has behavioural problems due to her substance abuse. [ 4 ] At the hearing, the parents were absent but duly served. The teenager, through her lawyer, admits the allegations of the application and agrees to the remodified conclusions sought. [ 5 ] The teenager is now 16 years old. Since the last Court order dated August 10 th , 2017, the teenager has been entrusted to a rehabilitation center in Region A. The teenager has made significant progress, especially regarding her impulsiveness and suicidal behaviour, as well as with regards to her addiction problem.

However, certain risks of relapse remain when she visits her parents in her community, which has happened recently. [ 6 ] On April 2018, she integrated a youth therapy center named A. At the hearing, she was still attending this therapy that she wants to complete. [ 7 ] Since October 2017, the teenager has had many visits to her parents ’ place. A lack of supervision was observed leaving the teenager dealing with her own personal difficulties all by herself.

For example, she decided to stop taking her medication, which made her relapse, and she also had sexual intercourse to which she had not necessarily consented. [ 8 ] The teenager is now waiting to see a child psychiatrist due to her attention deficit disorder with impulsiveness. [ 9 ] The teenager is very uncertain about her future. On one side, she wants to part with her addiction and move on with her life,

continue to go to school and carry out different projects. On the other side, she does not want to hurt her parents who wish to see their daughter come back to the community A. This dilemma and the discussions with her parents about it are difficult. She is doubtful and lacks self-confidence when having to make a decision about her life project. [ 10 ] One thing is certain; the teenager has great potential and could obtain a post-secondary diploma.

The evidence also reveals that she also needs to live in a well-structured place with clear rules, where the adults are there to supervise, especially with the addiction and personal problems she has. [ 11 ] For now, the teenager chooses to be entrusted to a rehabilitation in Region A. She wishes to integrate a place called “[Organism A]” which is a group home. [ 12 ] The parents have difficulty understanding the teenager’s choice and the father is even experimenting some anger about it. He believes that the DYP worker has the wrong influence on her choice.

It would be in the best interest of the teenager to feel supported in her choice. [ 13 ] Given the evidence brought by the DYP and the consent of the teenager, the court is convinced that it is in the teenager’s best interest to be entrusted to a rehabilitation center. [ 14 ] [Social Worker 2]’s report under D-4, leads to the conclusion that the security or development of the teenager is still considered to be in danger (sections 38

f) and 38 b) 1) iii) YPA).

WHEREFORE, THE COURT: [ 15 ] GRANTS the present application; [ 16 ] REVIEWS and EXTENDS the last order dated August 10, 2017; [ 17 ] DECLARES that the security and the development of the teenager remain in danger; [ 18 ] ENTRUSTS the teenager to a rehabilitation center until June 30 th 2019; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the teenager and the teenager’s family for the same period; [ 20 ] ORDERS that the parents and the teenager actively collaborate in the proposed measure to put an end to the situation of endangerment; [ 21 ] ORDERS that the teenager receives all care and health services that she needs; [ 22 ] ALLOWS the various professionals involved in the teenager’s care and health services to exchange information; [ 23 ] ENTRUSTS the situation of the teenager to the Director of Youth Protection for the execution of the present order. __________________________________ VICKY LAPIERRE, J.C.Q.

M e Lyne Monger For the applicant Turgeon, Monger, Cormier avocats M e Chantal Gaudreau For the teenager Centre communautaire juridique de la Région B Parents absent and not represented Date of hearing: July 18, 2018