2020 QCCQ 14324, 2020 QCCQ 14324

Protection de la jeunesse — 20560 2020 QCCQ 14324 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000455-144 DATE: January 28, 2020 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2003 Adolescent and A (DECEASED) Mother ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The adolescent has been in foster care for many years. [ 2 ] Last June, the Court orders that the adolescent be entrusted to a rehabilitation centre for several months. At that time, the goal is to find an appropriate foster family for him. [ 3 ] Unfortunately, the situation hardly improves since the last judgment. [ 4 ] The adolescent has ups and downs. He must deal with long-lasting personal issues stemming from past traumas. He shows behavioural disturbance.

He is impulsive and his relationships with others are challenging. [ 5 ] On a few occasions, the adolescent runs away from the unit. Once, last summer, he does not come back from work and is nowhere to be found during more than two weeks. [ 6 ] At the end of October, the adolescent is entrusted to an intensive supervision unit, where he remains for about a month. Following his return to a regular unit, his behaviour improves. He is more talkative with workers and is building a good relationship with his primary worker.

He participates in his follow-ups with other professionals. [ 7 ] However, progress is slow and recent. [ 8 ] Over time, numerous attempts are made to try to identify a suitable foster home for the adolescent. It never works out. [ 9 ] The adolescent needs strict supervision. [ 10 ] The director of youth protection (DYP) asks the Court to entrust the adolescent to a rehabilitation centre until he comes of age, in [...] of 2021. The latter agrees with the recommendations. [ 11 ] The youth protection delegate intends to work with the adolescent in order to prepare him to adult life.

She will also try to find a foster family where he could visit for outings. [ 12 ] Meanwhile, the adolescent has contact with his former foster family. He also visits an aunt. Moreover, he sees his siblings.

[ 13 ] The Court concludes that the application is well founded. The situation is very sad, but the measures agreed upon by the parties meet the adolescent’s interest. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 14 ] GRANTS the application for revision of order; [ 15 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 16 ] ORDERS that the adolescent be entrusted to a rehabilitation centre designated by the DYP, until [...], 2021; [ 17 ] ORDERS that relationships be maintained between the adolescent and his siblings and extended family; [ 18 ] RECOMMENDS that the adolescent submit himself to random screening of drug and alcohol tests; [ 19 ] ORDERS that all decisions with regard to authorizations to be given concerning routine or urgent health services, social, academic, extracurricular activities, as well as to obtain a passport, social insurance card, a driver's license or any other legal document that may be needed, be taken by the DYP of the Centre intégré de santé et de services sociaux A; [ 20 ] ORDERS that the adolescent be educated in the [Centre A] and be supported in participating in aboriginal cultural, culture activities and more particularly that he be given the opportunity to attend regularly different culture, religious, social and family significant activities in Town A or surrounding areas; [ 21 ] ORDERS that the adolescent actively participate in the application of the measures ordered; [ 22 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until [...], 2021 (date of his majority); [ 23 ] ENTRUSTS the situation of the adolescent to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the adolescent Written judgment filed on January 29, 2020