2015 QCCQ 9540, 2015 QCCQ 9540

Protection de la jeunesse — 151145 2015 QCCQ 9540 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001719-142 DATE: January 14, 2015 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 1999 CHILD ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR c. P-34.1) ______________________________________________________________________ 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 Y.P.A.). [ 1 ] The Director of Youth Protection submits a motion asking the Court to extend and review a decision dated April 1, 2014, rendered by Judge Nancy McKenna, J.C.Q., who ordered the placement of the teenager in a reception centre for a period of six months. [ 2 ] For the hearing, the youth is present and represented by Mtre. Aubrée Coutanson and Mtre.

Suzanne Arpin acts on behalf of the applicant. [ 3 ] The father is not present nor represented despite the fact that he was served with the petition. Travel arrangements were made for him to be here, but the father never showed up at the airport. [ 4 ] The mother was also offered travelling arrangements. She travelled from Town A to Town B on December 8, 2014. She was supposed to continue her travel on December 9, 2014 from Town B to Town C.

However, the mother has never showed up at the airport and the applicant was informed that the mother was at the bar the day before. [ 5 ] The Director of Youth Protection asks to proceed in the absence of the parents. Mtre.

Aubrée Coutanson on behalf of the youth agrees with this application. [ 6 ] The youth agrees with a placement in a reception centre, but asks for a shorter placement than the 12 months requested by the applicant. [ 7 ] The revision report is filed and Mrs. [Social Worker 1] testified on her motives to ask the Court for a placement of one year. [ 8 ] The facts admitted by the youth are the following: ▪ On June 11, 2014, X was high on drugs when she came back to the reception centre; ▪ Later on, she tried to climb out of the window using a blanket; ▪ X fell on the ground, hurt her wrist and was transferred to A’s Hospital where she stayed for a week; ▪ X continues to be easily upset when she does not get her own way; ▪ X still struggles with respecting rules;

▪ It was not possible to establish a life plan for X notably because she is still confused about who she would like to live with; ▪ The Director of Youth Protection encountered difficulties to have the psychological and medical assessments performed because the youth did not want to collaborate with the professionals or because some of the appointments were postponed; ▪ X has difficulties with her schooling; ▪ The parents do not exercise their responsibilities regarding X; ▪ The parents have never asked for contacts with X since April 2014; ▪ However, the biological father, C, has regular contacts with the teenager; ▪ The Biological grandparents have kept in touch with the Social Worker and X in order to be informed of the evolution of her situation; [ 9 ] The testimony of the applicant revealed that poor progress has been made by X since April 2014.

X skips classes and leaves the group home without any authorization. Her behavioural disturbances seem to have increased since she was transferred to A Group Home at the end of September. [ 10 ] The Social Worker is of the opinion that X still needs the structure of a reception centre and that she is still facing alcohol and drug related problems. The youth has always rejected the offer to attend a treatment centre, but recently she started to consider this option.

She is currently on a waiting list to attend A Treatment Centre which would be the best way for her to get help in order to resolve her issues with intoxicating substances as well as her personal issues. [ 11 ] It is clear from the evidence that X still needs a structured environment. The only matter challenged is the duration of such placement. The Court is of the opinion that, in order to best help X in her schooling, she must not be transferred during a school year.

So, a placement until the end of August should be sufficient to reach the goals, decide where she will attend school for the next school year and establish a life plan for her. [ 12 ] X has to be aware that if she does not collaborate with the services and if she still displays behavioural disturbances next summer, the Director of Youth Protection might ask for another extension of the placement. [ 13 ] For these motives, the Court: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of X, born on […], 1999, are still endangered; [ 16 ] ORDERS her placement in a reception centre until August 30, 2015; [ 17 ] RECOMMENDS that the placement take place in a group home as long as the behaviour of X allows it; [ 18 ] ORDERS that X receive all health and social services required by her situation; [ 19 ] ORDERS that X attend a treatment centre for her drug and alcohol addictions and to go through the entire program) [ 20 ] ORDERS that X attend school on a regular basis and abide by the rules established by the school and the reception centre; [ 21 ] ORDERS that aid, counselling and assistance be provided to X and her parents for a period of 12 months; [ 22 ] ORDERS that X be assessed by a psychologist within 60 days; [ 23 ] ORDERS that the recommendations of the psychologist be implemented by the Director of Youth Protection including an assessment for Foetal Alcohol Spectrum Disorder if deemed necessary by the psychologist; [ 24 ] ORDERS that X collaborate with the A worker and follow his recommendations; [ 25 ] ORDERS that all contact between X and her parents be supervised by the Director of Youth Protection as for the frequency and the modalities; [ 26 ] ORDERS any police force to collaborate with the execution of the measures ordered if requested to do so by the Director of Youth Protection or one of his representatives; [ 27 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of the measures ordered. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Suzanne Arpin Arpin, Gaudreault Attorneys Counsel for the applicant

Mtre. Aubrée Coutanson Centre communautaire juridique A Counsel for the youth Date of hearing: December 11, 2014