2018 QCCQ 13734, 2018 QCCQ 13734

Protection de la jeunesse — 184302 2018 QCCQ 13734 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 525-41-033782-186 DATE : May 9, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2003 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 May 9, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent presents with serious behavioural disturbances. [ 3 ] On March 29, 2018, the Tribunal ordered the provisional compulsory foster placement of the adolescent in a rehabilitation centre. [ 4 ] Today, the Director recommends that the adolescent be returned to her father’s care and that diverse support measures be ordered for a period of one year. [ 5 ] The parents and the adolescent are in agreement with the proposed plan.

Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The parents separated in 2006 and the adolescent has been mainly living with her mother. [ 8 ] The mother is diagnosed with Schizophrenia and is receiving monthly injections. She receives support from the Hospital A and the CLSC. [ 9 ] At times, the mother has significant difficulty with enforcing rules and structure for the adolescent.

Both parents have different parenting approaches. [ 10 ] The adolescent has been consuming alcohol and drugs (marijuana, Xanax and other prescribed medication). She has been associating with negative peers. At times, the adolescent has not been keeping her mother aware of her whereabouts and has not been

following her rules. [ 11 ] The adolescent has a history of engaging in self-harming behaviours. [ 12 ] On March 4, 2018, as she expressed suicidal ideations. The adolescent was briefly hospitalized. [ 13 ] On March 9 2018, the adolescent went to live with her paternal grandparents as it was felt they could provide more structure and attention. This plan was supposed to last until the father located a larger apartment. [ 14 ] On March 27, 2018, the adolescent had to be hospitalized as she was expressing new suicidal ideations.

She was disrespectful to her grandparents. [ 15 ] On March 28, 2018, she was discharged from the hospital and received a diagnosis of adjustment disorder with parent relational problems. Immediate protective measures were invoked and the adolescent was placed in a rehabilitation centre. [ 16 ] On March 29, 2018, the Tribunal ordered the provisional compulsory foster placement of the adolescent in a rehabilitation centre. [ 17 ] The adolescent functioned well within the rehabilitation centre program. [ 18 ] The family was accepted to the Transition Diversion Program.

This will permit a more intensive intervention within the family. [ 19 ] At this point, a return of the adolescent to her father’s care appears possible. The parents and the adolescent are accepting support measures. The Director’s intervention remains necessary to recreate a safe and secure environment for her. THEREFORE AND FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security or the development of the adolescent is endangered (

section 38

f) of the Youth Protection Act ); [ 22 ] ORDERS that the adolescent be entrusted to the care of her father; [ 23 ] ORDERS that the frequency and modalities of contacts between the adolescent and her mother be agreed upon by all parties; [ 24 ] RECOMMENDS that the family actively participate and engage with the Transition Diversion (TD) Program professionals, and agree to respite services, if required; [ 25 ] TAKES ACT of the adolescent’s agreement to participle in random drug testing; [ 26 ] ORDERS that the adolescent undergo random substance use testing; [ 27 ] RECOMMENDS that the adolescent take

part in a substance use assessment when she feels it is necessary, and follow the recommendations offered; [ 28 ] RECOMMENDS that the adolescent take

part in a psychiatric assessment and follow through with any recommendations offered; [ 29 ] RECOMMENDS that the parents support the adolescent in the process related to obtaining a psychiatric assessment, and in following-up with the recommendations offered; [ 30 ] RECOMMENDS that the mother continue to access therapeutic services within the community and follow the recommendations offered by the treating professionals; [ 31 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 32 ] THE WHOLE for a period of one year; [ 33 ] 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 May 17, 2018 /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Luce James Counsel for the adolescent Date of hearing: May 9, 2018