2022 QCCQ 12677, 2022 QCCQ 12677

Protection de la jeunesse — 225823 2022 QCCQ 12677 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000745-221 DATE: October 13, 2022 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2006 Adolescent and A B (Deceased) Parents ______________________________________________________________________ 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 and 9.3 and 135 Y.P.A.). [ 1 ] On June 10, 2022, the Court grants an application for protection in regard to the adolescent. The Court then entrusts her to her grandfather. [ 2 ] Unfortunately, the situation deteriorates during the summer and the director of youth protection (DYP) now asks the Court to revise and extend the previous judgment and namely to entrust the adolescent to a rehabilitation centre.

In fact, the latter already resides in a rehabilitation centre on a provisional basis, since August 20. [ 3 ] Through her lawyer’s voice, the adolescent agrees to the measures suggested by the DYP. The mother is not present at the hearing. [ 4 ] Following the hearing, the Court renders judgment orally, granting the application. Here are the reasons supporting that decision. [ 5 ] The adolescent shows serious behavioural disturbances. She is disrespectful towards her grandfather. She does not comply with the rules at home. She does not respect her curfew.

She is caught under the influence of drugs and alcohol on several occasions. The grandfather does not always know about her whereabouts. He is overwhelmed. [ 6 ] On August 20, the DYP applies immediate protective measures and the adolescent is brought to a rehabilitation unit. Her bag is searched upon arrival and its content is concerning. There is pepper spray, as well as a knife, cannabis and a BB gun. [ 7 ] The adolescent also demonstrates behavioural issues at the rehabilitation centre. [ 8 ] At first, the adolescent fails to take responsibility for her actions. She rather blames her grandfather.

However, at the hearing, her lawyer states she starts to realize the situation and will make efforts for it to improve. [ 9 ] The adolescent agrees to receive counselling in regard to addictions as well as mental health and behaviour. [ 10 ] The mother does not involve herself in her daughter’s life. She does not cooperate in any ways with the professionals who provide support to the adolescent and her grandfather. The youth protection delegate cannot reach the mother even though she tries.

[ 11 ] The evidence convinces the Court that the application is well founded. The measures meet the adolescent’s best interest. FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application for revision and extension of order; [ 13 ] DECLARES that the security and development of X are still considered to be in danger according to sections 38(b)2 o and 38(

f) of the youth protection act ; [ 14 ] ORDERS that the adolescent be entrusted to a rehabilitation centre designated by the DYP until June 30, 2023; [ 15 ] ORDERS that contact between the adolescent and her mother be determined following an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 16 ] ORDERS that contact between the adolescent and the maternal grandfather, Mr.

C, be determined by agreement between the parties and AUTHORIZES the DYP to supervise them; [ 17 ] RECOMMENDS that the adolescent involve herself in follow-ups related to her personal difficulties, namely a psychosocial and substance use follow-up and psychological follow-up, as long as deemed necessary by the professionals involved; [ 18 ] RECOMMENDS that the mother involve herself in follow-ups for her personal difficulties, namely a psychological and substance use follow-up, as long as deemed necessary by the professionals involved; [ 19 ] RECOMMENDS that the mother submit herself to random drug tests; [ 20 ] ORDERS that the mother report to the DYP when required on the measures that she applies in her own regards and in her child’s regards to put an end to the situation that jeopardize the adolescent’s security or development; [ 21 ] ORDERS that the mother and the adolescent actively participate in the measures ordered to put an end to the situation of endangerment; [ 22 ] WITHDRAWS from the mother the exercise of her parental authority regarding medical clearance, school authorities, social services, including a passport application and ALLOWS the DYP to sign in the place of the mother; [ 23 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and her family until June 30, 2023; [ 24 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. ____________________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Jules Grenier for the adolescent Ms. A the mother (absent) Written judgment filed on October 18, 2022