2019 QCCQ 15927, 2019 QCCQ 15927

Protection de la jeunesse — 196000 2019 QCCQ 15927 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 145-41-000483-153 DATE: July 24, 2019 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2002 Adolescent -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Adolescent 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 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to revise and extend the order rendered on August 8, 2018, in respect of the adolescent. They request that he be entrusted to a rehabilitation center. [ 2 ] At the hearing, the father and the adolescent are present, but only the latter is represented by a lawyer. The mother is absent and not represented, even if duly notified with the proceedings. [ 3 ] This is not the first time this case has come before the court.

In recent years, the adolescent walks between the rehabilitation center to the father’s or mother’s homes. It is necessary to review the latest decisions of the Court concerning the situation of this young person. [ 4 ] On February 6, 2017, a court order was rendered entrusting the adolescent to his father after spending several months in a rehabilitation center. The father cooperates with professionals and has improved his parenting and communication skills. Concerning his mother, their relationship is conflictual.

Some work has to be done in order to rebuild a healthy relationship between the adolescent and his mother. [ 5 ] On March 15, 2018, the father is absent at the hearing, but the mother and his son are present. A measure was requested to entrust the adolescent to a rehabilitation center because at the beginning of December 2017, once again the adolescent’s situation deteriorated. He had behavioral problems at his father’s home. He was not attending school and denies having a drug addiction. It is also mentioned that the father had a hard time imposing rules to his son, as well as when he was living with his mother.

At this time, the mother and the adolescent were contesting that measure and asking for a return to the maternal environment, finally he reintegrated his mother’s house after a certain period at the rehabilitation center. [ 6 ] On August 8, 2018, the adolescent was entrusted to his mother after a stay in a rehabilitation center, because his behavior had improved. At the time, the relationship between the adolescent and his father was problematic, which lead to a point where they did not have any discussions for several months.

It is mentioned in this order that the father is very reluctant, arguing that his son still shows serious behavioural disturbances and requires a structure that neither the mother nor himself can provide. [ 7 ] Today, in the present application the DYP asks once again the adolescent to be entrusted to a rehabilitation center until December 2019. This measure is contested by the father and the son. They both wish for his return to the paternal environment. [ 8 ] While living with his mother, the adolescent’s behavior became abusive and disrespectful at home. He was physically abusive

with his siblings even when asked to stop. He did use the service provided to him and found one professional on his own, so he began to meet with his former counsellor, Shawn Boucher. However, he refuses to share the details of these meetings, but one thing remains he still uses drugs and alcohol. He refuses to submit himself to drug tests or to receive any services from the A center. [ 9 ] On April 13, 2019, due to the gravity of the situation, the adolescent was removed from his mother’s house and entrusted to a foster family. Again, the condition remains the same.

He was implicated in some criminal acts such as fighting and stealing. When the police officer intervened during these events, he was intoxicated. Some other allegations are still pending concerning another event. [ 10 ] Meanwhile the situation has worsened and he is not able to follow the foster home rules this is why he was entrusted to a rehabilitation center on May 1, 2019. In the unit, he does not participate in the meetings and dismisses what everybody says concerning him. He is disrespectful and challenges the workers. Once again, he blames everyone for his condition, but not himself.

He always questions the rules put in place in the unit and sometimes is threatening. He openly states that he will do whatever he wants and whenever he wants. Basically, the only time he behaves properly is during group activities. [ 11 ] Through all the measures ordered over the years, one thing remains, his denial concerning his drug or alcohol addictions, for him, he does not have any issues. [ 12 ] The father did not implicate himself during the last measure.

He is alright as long as his son does not drink or takes drugs, because on that occasion does behave well. [ 13 ] On numerous occasions, the father stated that his son was unable to follow a structure. However, today, when asked to speak about the structure he intends to impose on him, he seems upset that this question is asked to him. Even though, he says he’s going to watch him on the other hand, he says that he cannot follow him everywhere and control everything he does.

In fact, part of his whole testimony is tangled in contradiction. [ 14 ] The latter attaches great importance to the work of his son and a little to his difficulties. While the work is beneficial and positive for him, it does not diminish all his problems. Although he works, it does not prevent him from behaving inappropriately and transgressing the rules established in relation to his work at the fishing level. [ 15 ] He says that the rehabilitation center is not a good place for his son. When he has a setback, they should give him a chance.

The thing is, he did not himself apply his own advice because as soon as his son did not behave, he asked for is removal. [ 16 ] The adolescent testifies about the situation that prevails. At first, he agrees that an order be rendered for him to submit to random drug testing. Overall, he does not really deny the facts alleged but gives more his version of the facts. What the Court un-derstands is that nothing is his fault. He justifies his behavior by blaming others and that they are at the origin of his attitude. Basically he has no problem.

He talks about work, and yes, we cannot deny that this is positive for him, but he uses this to get around rules. Even if he has to be at all times with one of his parents who could easily take care of issues that could arise, he does not. [ 17 ] After reading the past judgments rendered in this file, it seems that not much has really changed during the past years and the Court can only repeat what has been said in these orders. [ 18 ] The situation has perpetuated and has repeated over the years. A cease of acting is required for this adolescent for a longer period.

He goes to a rehabilitation center and then goes back into the home of one of his parents and quickly the situation deteriorates and he resumes his bad habits. Obviously, he is not able to maintain his achievements. Now, he will have to make the appropriate efforts to reintegrate his family environment. Several unsuccessful attempts have taken place over the years.

It is now necessary that a drastic change on his part and also that his father starts collaborating because currently he adopts the same language and attitude as his son concerning the services. [ 19 ] The adolescent needs a high level of structure and support to help him regulate namely his behavioral and social interactions. The adolescent has a drug addiction, which neither the father nor the adolescent takes seriously the issues as mentioned in all the reports made by professionals. The father is not even aware of the extent of his son’s problematic and they both undermine it.

Moreover, a placement at his father’s has been tried in the past and it did not work out. Furthermore, the father himself expressed in the recent past and this, on more than one occasion, that his son was out of control. [ 20 ] Regarding the exchange of information between the professionals, the Court will not allow it. First, the exchanges are confidential. Moreover, removing such a privilege would most likely lead to the complete cessation by the adolescent of this follow-up, the only one he has at this moment.

It is up to him to mobilize and collaborate, if he wants to return to his father’s, at the end of this measure. [ 21 ] After hearing the testimonies and reading all the documentary evidence, it is clear that the adolescent has a hard time to comply and respect the rules in the rehabilitation center. We cannot expect that the adolescent will behave at his father’s home when he does not at the rehabilitation center. WHEREFORE, THE COURT: [ 22 ] GRANT the petition for revision and extension of order; [ 23 ] DECLARES that the security and development of X are still considered to be in danger, according to

section 38 of the youth protection act ; [ 24 ] ORDERS that the adolescent be entrusted to a rehabilitation center designated by the director of youth protection until December 31, 2019; [ 25 ] ORDERS that the contacts between the adolescent and his parents be determined following an agreement between the parties;

[ 26 ] RECOMMENDS that the adolescent and his parents benefit from an addiction counsellor; [ 27 ] ORDERS that the adolescent submit himself to random drug testing; [ 28 ] ORDERS that the parents report whenever required to the DYP on the measures they apply to themselves and their son to put an end to the situation of endangerment; [ 29 ] ORDERS that the adolescent and his parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 30 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until December 31, 2019; [ 31 ] 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 present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother (absent) Mr. B the father Date of hearing: July 3, 2019