2018 QCCQ 17252, 2018 QCCQ 17252

Protection de la jeunesse — 187906 2018 QCCQ 17252 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-034168-187 DATE : August 10, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2001 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on August 10, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent exhibits serious behavioural disturbances. [ 3 ] Today, the Director recommends that the adolescent remain placed in a rehabilitation centre for a period of six months and that support measures be ordered until his age of majority ([...], 2019). [ 4 ] The mother and the adolescent are in agreement with the proposed measures. [ 5 ] The father was duly notified of the hearing, but he was absent.

He mentioned to the youth protection worker that he was in agreement for his son to remain in placement as long as possible. Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights?

Context and Analysis [ 7 ] The adolescent exhibits serious behavioural disturbances: he is not respecting his mother’s authority and house rules, not respecting his curfew, coming and going as he pleases, not informing his mother of his whereabouts, associating with negative peers, consuming marijuana on a regular basis, steeling alcohol from the family home. [ 8 ] The adolescent has refused any help or support from the CLSC. [ 9 ] The adolescent prioritizes his friends and the search of immediate gratification over the stability of his family life. [ 10 ] For approximately two years, following an argument between the adolescent, his father and step-mother, the adolescent and his father stopped having contact.

[ 11 ] The father is currently going through chemotherapy and radiation therapy to battle cancer. He remains concerned with his son’s behaviours. [ 12 ] On June 23, 2018, a drug dealer came to the home and asked the mother to pay a debt owed by the adolescent, which she did. [ 13 ] On July 2, 2018, the mother had to call the police as the adolescent was smoking marijuana with several persons outside of the home and they were refusing to leave the premise. [ 14 ] The mother expressed that, for the last two years, the adolescent’s situation deteriorated to the point where she is now overwhelmed.

She fears that the adolescent is involved in criminal or dangerous activities. She questions how he can afford for drugs, cigarettes and expensive items he brings home. She does not feel safe in her house anymore.

She has difficulty implementing structure with the adolescent. [ 15 ] On July 4, 2018, immediate protective measures were invoked and the adolescent was placed in a rehabilitation centre. [ 16 ] On July 6, 2018, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 17 ] On July 24, 2018, the adolescent accepted to participate in a drug assessment and to work with an educator. [ 18 ] At this point, rehabilitation work remains necessary. The adolescent’s return to his mother’s home is premature.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security or the development of the adolescent is endangered (

section 38

f) of the Youth Protection Act ); [ 21 ] ORDERS that the adolescent be placed in a rehabilitation centre for a period of six months; [ 22 ] ORDERS that an agreement on house rules be determined by the adolescent, his mother and the Director of Youth Protection upon his return home; [ 23 ] ORDERS that the frequency and modalities of contact between the adolescent and the parents be determined upon agreement by all parties; [ 24 ] RECOMMENDS that the adolescent be referred to the Transition Diversion Program; [ 25 ] RECOMMENDS that the adolescent partake in a drug assessment; [ 26 ] TAKES JUDICIAL NOTICE that the adolescent has an appointment for his drug assessment on August 13, 2018; [ 27 ] RECOMMENDS that the adolescent be subjected to random drug testing; [ 28 ] TAKES JUDICIAL NOTICE of the adolescent’s agreement to undergo such tests; [ 29 ] RECOMMENDS that the adolescent partake in a regular daily activity, such as schooling or work; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 31 ] THE WHOLE until the adolescent’s age of majority; [ 32 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on August 27, 2018 /cd Mtre Edith Zavodni Counsel for the Director of Youth Protection Mtre Olivia Dugré Counsel for the adolescent Date of hearing: August 10, 2018