2023 QCCQ 2539, 2023 QCCQ 2539

Protection de la jeunesse — 23903 2023 QCCQ 2539 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 635-41-000801-172 DATE: February 9, 2023 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A., working in […] Applicant and X, born on [...], 2009 Adolescent 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) submits an application for review and extension of an order under section 95(1) and (2) of the Youth Protection Act concerning the adolescent X, born on [...], 2009. [ 2 ] The Director alleges that the youth has displayed serious behavioural issues and recommends that he should be maintained in a rehabilitation centre until January 31, 2024. [ 3 ] The parents were absent, but they are represented by a lawyer.

Mtre Ève Laoun represents the mother, and the father is assisted by Mtre Andrea Roc-Forgues. They agree with the recommendations. [ 4 ] On June 15, 2022, the Honourable Éric Hamel, J.C.Q., declared that the security and development of the adolescent were still in danger. He was entrusted to a rehabilitation centre with a return to a foster family within three months at the most. [ 5 ] He was returned to the care of his sister, Ms. C, who has the status of a foster family, on July 12, 2022. After few months, he was not following the rules and was not attending school on a regular basis.

He did not respect his sister’s authority and was always intoxicated by cannabis. [ 6 ] On October 19, 2022, he had a big outburst at school. He threw a desk and broke a window. He was also violent toward another student and choked him. He verbalized suicidal thoughts. On October 31, 2022, he had another outburst at school and he had to be physically restrained to protect others. He hit a teacher on the head. The school and the foster family told the Director that they were not able to manage his behaviour anymore. [ 7 ] He was placed with a new foster family in Town A. He undertook to follow the rules.

He was placed under Ms. D and Mr. E care with a contract to follow the rules and the curfew and to be respectful. A few days later, the foster family told the Director that he was not following the rules. He was aggressive towards them and he was crying because he wanted to be with an Inuit family. [ 8 ] He was then entrusted to an Inuit foster family in Town A.

Less than one month later, they informed the Director that they would not be able to foster him after the Christmas holidays. [ 9 ] He was entrusted to Rehabilitation Centre A in Town B on January 6, 2023. [ 10 ] On January 19, 2023, he entered the Group Home A in Town C.

[ 11 ] Both his parents live in the community A. The father was not involved and very difficult to reach. Despite many attempts to contact him, he never called back. The mother, for her part, moved to the community in December 2021. She had been living in Town D for a few years before that. Her cooperation has been very poor. She was met for the first time on January 10, 2023. She stated that she wanted to go to therapy in [the organism A]. The mother did not contact the Director after that meeting.

She has not received services for her drinking and other personal problems, so she still struggles with the same issues. [ 12 ] The security and development of the adolescent are still in danger. The parents are not addressing their issues. They were intoxicated during the only contact they had during the last review period. In fact, the Court considers that the parents are disengaged from their son’s life. [ 13 ] The adolescent acknowledges his violent behaviour. He has difficulty managing his emotions and he is impulsive.

He uses cannabis on a regular basis. [ 14 ] He needs a stable environment with structures and limits. A psychological assessment was performed on February 15, 2022. According to the psychologist, he had depressive symptoms and attachment issues. The professional recommended a high level of structure. Currently, he is receiving psychological follow-up from Mr. Victor-Manuel Thomas. [ 15 ] The Director has been involved in the adolescent’s life for six years. The parents have not improved their situation.

The adolescent suffers consequences from their lack of involvement and their disengagement. [ 16 ] The evidence before the Court clearly establishes that he needs to be placed in a rehabilitation centre and placed with a foster family when the situation allows it, so that he may have a stable, warm and supportive environment. FOR ALL THE ABOVE REASONS, THE COURT: [ 17 ] GRANTS the application for revision; [ 18 ] REVISES the decision rendered on June 15, 2022; [ 19 ] DECLARES that the security and development of X, born on [...], 2009, are still in danger under

section 38(e)(1), (b)2), (b)(1) (iii) and (

f) of the Youth Protection Act ; [ 20 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre, to be chosen by the institution operating a child and youth protection centre; [ 21 ] ORDERS that the placement of the youth in a foster family be authorized when the situation allows it, notably but not exclusively: − if he participates in the rehabilitation program; − if he follows the rules at the group home and during visits; − if he attends school regularly; − if he commits to a process for his substance use problem. [ 22 ] ORDERS that the youth and the parents take an active

part in the application of any of the measures ordered by the Court; [ 23 ] ORDERS that the youth and the parents report in person, at regular intervals, to the Director to inform him of the current situation; [ 24 ] ORDERS that the adolescent attend school; [ 25 ] ORDERS that the adolescent receive specific health care and health services such as psychological follow-up and psychiatric assessment; [ 26 ] ORDERS that the parents remain sober in the presence of the youth; [ 27 ] ORDERS that the parents refrain from any kind of violence in the presence of the youth; [ 28 ] ORDERS that the terms, frequency, and degree of supervision of contact between the youth and the parents be determined by the Director of Youth Protection; [ 29 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection will assess the persons suggested by the parents to foster the adolescent when he is placed; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling, and assistance to the youth and the youth’s family. [ 31 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out;

[ 32 ] THE WHOLE until January 31, 2024. Signed in Town E on March 15, 2023 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Corine Jacquet For the adolescent Mtre Camille Striganuk For the applicant Mtre Éve Laoun For the mother Mtre Andrea Roc-Forgues For the father Date of hearing: