2020 QCCQ 4236, 2020 QCCQ 4236

Protection de la jeunesse — 204407 2020 QCCQ 4236 JM2174 COURT OF QUÉBEC YOUTH DIVISION CANADA PROVINCE OF [...] DISTRICT OF [...] «Youth Division»

N° : 505-41-008324-164 DATE : August 31, 2020 ______________________________________________________________________ PRESIDED BY : THE HONORABLE NANCY MOREAU J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X, born on [...], 2002 Teenager-respondent -and- A Mother-respondent -and- B Father-respondent -and- C Paternal grandmother-party to the case ______________________________________________________________________ J U D G M E N T Sections 95.1 and 2 of the Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (the Director), has been involved in the life of X since 2016. [ 2 ] His parents are not involved in his life. The paternal grandmother, Mrs. C, is the one in charge of him. She has been recognized as a party to the case. [ 3 ] Over the years, several protective measures were ordered.

On numerous times, the main goal sought was namely, treating X’s alcohol and drug addictions. [ 4 ] More than once, the teenager made a commitment before the Court to respect certain conditions, contracts of rules, but he has

been unable to abide by them. [ 5 ] At different occasions, the Director tried to cling to the grandmother's minimal collaboration and / or the teenager's expressed desire to be allowed to prove himself, but it did not work. [ 6 ] For these reasons and also because of his behaviours, X’s journey has been punctuated by stays in a rehabilitation center, in detoxification resources or with the paternal grandmother. [ 7 ] The last Court order rendered on November 4, 2019, essentially provided that the teenager be entrusted to a rehabilitation center and other measures until June 30, 2020. [ 8 ] On June 30, these measures were provisionally extended pending the investigation. [ 9 ] On August 31, 2020, the parties agree that the teenager will remain in the rehabilitation center, being it agreed that he could return to the grandmother's home gradually.

He will reach majority on [...], 2020. [ 10 ] More specifically, the Director asks the Court to add in the modified conclusions, the authorization for the teenager to partially integrate the home of the paternal grandmother (re.:

Section 91

o) of the YPA), and to allow a partial or total integration within the last 60 days of the Court order. [ 11 ] The grandmother is present by phone. She agrees with the proposed plan, we will come back to that. [ 12 ] The teenager's lawyer files a letter he wrote on August 26 (E-3). She points out that the teenager made a lot of effort to correct his difficulties. The fact that he became a father is for him a serious mobilizing factor. She agrees with the conclusions sought.

The evolution of the situation since the last judgment. [ 13 ] On November and December, the teenager often finds himself intoxicated. [ 14 ] On January 2020, the teenager demonstrates willingness to remain sober and work with the social workers involved.

His girlfriend, D, is pregnant and he wants to make changes in his life. [ 15 ] Considering that the teenager, his girlfriend and their respective families are using drugs and are therefore unable to care for a baby, the Director initiates discussions for the integration of the mother-to-be at [House A] and the participation of the teenager to the services. [ 16 ] It should be reminded that, these services aim to enable the parents to take care of themselves, so that both parents and the child can develop fully.

While the girlfriend disagrees, the teenager and his grandmother agree. [ 17 ] Despite his intentions, evidence reveals that during outings, the teenager spends most of his time at his girlfriend's house. On his return to the rehabilitation center, the staff note smell of alcohol and marihuana. After denying his consumption, he admits the facts. [ 18 ] The evidence also reveals that the teenager and his girlfriend have a toxic relationship.

The grandmother reports a lot of conflicts, jealousy (on the part of the girlfriend) and many difficulties. [ 19 ] Considering the facts and the proposed plan to return the teenager to the grandmother's home, the Director discusses with them and sets expectations again. [ 20 ] In a discussion held on February 19, 2020, it was agreed that the grandmother would contact the Peacekeepers if the teenager uses drugs, in order to bring him back to the rehabilitation center.

To keep him busy during the visits and provide assistance, the caseworker suggested that X participates in certain activities (cinema, gym, bowling, etc.) and offers her availability if required.

It should be reminded that the caseworker is very familiar with the teenager's situation and his grandmother, having been designated for a long time. [ 21 ] Knowing that the grandmother would contact the caseworker and the Peacekeepers, the teenager commits to staying sober. [ 22 ] Unfortunately and quickly, several events show that the teenager has great difficulty in behaving well and that his drug problem is still present. [ 23 ] For example, as of February 23, he uses drugs with his girlfriend (who is pregnant) and her family.

Also, he finds himself a passenger in a vehicle driven by his girlfriend even though she has no driver's license. He runs away during the transportation to the center and is then found by the police at the [...] metro station, intoxicated, while sleeping on the floor. Following the arrest, he gives a false identity. [ 24 ] As a result, he was taken back to the Center A Unit A, Town A. [ 25 ] At a meeting, the teenager mentioned that he consumed throughout the weekend, from Friday to Sunday. He reported consuming two 40-ounce bottles without getting sick and driving a vehicle with other occupants.

Serious discussions regarding the associated dangers were held. [ 26 ] The teenager agreed to work with the caseworkers to return to unit B as soon as possible. He returned on March 10, 2020. [ 27 ] Due to the pandemic, visits to the grandmother's home were suspended. Her health is precarious. [ 28 ] During this time, the relationship between the teenager and his girlfriend worsens. There are many arguments during phone calls

and it becomes more and more difficult for the teenager to calm down. Also, he is arrogant towards the staff, does not respect the rules, etc. [ 29 ] In April, various caseworkers agreed to prepare for the transfer of services to the Adults at the Center A. [ 30 ] The report states that this resource provides specialized services for adults with mental health and drug use disorders.

The teenager agrees to complete a request for services at the appropriate time. [ 31 ] In mid-April, considering the teenager's behaviour, which shows aggressiveness, disrespect to staff, knocks on lockers, he returned to the intensive care unit. In spite of his cravings related to drug use, he refuses the proposal of Ms. Alannah Burns ([...] Addiction Response worker) to participate in a virtual A.A. meeting. [ 32 ] For these reasons, and also because the teenager reports experiencing anxiety and sleep disorders, Dr. Gignac modifies the medication. [ 33 ] In early May, the teenager returns to unit B.

He is allowed to visit his grandmother if he stays home at all times and follows strict sanitary rules. [ 34 ] Despite his explanations, he claims that [Center A]'s staff had authorized five hours of free access, which was not true. In such a case, he would immediately return to intensive supervision. [ 35 ] Failure to follow certain rules leads the teenager to a 14-days isolation period and a Covid test, which is negative. [ 36 ] In June, the Director plans to return the teenager to his grandmother. This is delayed because the grandmother has health problems and must be taken to hospital (lung infection).

Worried, the teenager makes suicidal comments and self-mutilates his arm. [ 37 ] The Director later authorizes extended leaves in the community.

Willing to work on autonomy, she once again tests the teenager's ability to keep a commitment. [ 38 ] He is asked to get involved in various services, to work on his consumption, find a job, take his medication, and follow the rules imposed by the grandmother. [ 39 ] Once back home, he stops taking his medication, ends up consuming at his girlfriend's house and sexually assaults her thirteen years old sister. [ 40 ] Therefore, on June 30, the Court ordered that the teenager be entrusted to a rehabilitation center until the investigation scheduled for August 31, 2020. [ 41 ] Following this order, the teenager was placed in intensive care (at the unit C in Town B (14 days isolation) and then transferred to Town A. [ 42 ] During his stay in [unit C], the evidence reveals that a romantic relationship developed between the teenager and a unit worker.

Her employment ended on July 15. [ 43 ] The end of this "relationship" coupled with the absence of his family and the conflictual relationship with his girlfriend, are things that discourage the teenager, who then feels like "shit". [ 44 ] When he makes suicidal comments, self-harm and expresses the possibility of an overdose, the Director insists on an emergency psychological assessment. [ 45 ] In the meantime, at unit B, a 24 hour surveillance has been agreed (except for the time provided for hygiene / showering).

It should be noted that this level of security was maintained after the consultation with the psychologist. [ 46 ] On July 31, the Court ordered that contact between the teenager and his girlfriend be supervised by a third party and that all contact with his girlfriend's sister, E, be prohibited. [ 47 ] Recently, the teenager expressed the desire to remain in Town B in order to take full advantage of the offered services.

He also developed an interest in the Armed Forces and is willing to work. [ 48 ] In Court, the designated caseworker, Ms. [Social Worker 1], states that the current plan is to allow access to the grandmother's home from Monday to Wednesday because he works, with a return to the center from Thursday to Sunday. [ 49 ] During visits, the teenager is also expected to communicate either with her, Ms. Burns (addictions worker), Mr. F (traditional cultural worker), the nurse or any other caseworker involved in his situation.

Any relapse of drug use will lead to his return to the center. [ 50 ] If the teenager shows he can behave responsibly, the caseworker intends to gradually increase the length of stays and therefore proceed with his reintegration in the last 60 days before his majority. Modified conclusions are filed in accordance with this suggestion. [ 51 ] In Court, the teenager filed a letter written on August 26. Essentially, his reflection is as follows: he says that at 15-16 years old, it seemed almost "normal" for him to engage in delinquent behaviour, use drugs, take time off school, and go to parties.

That's what he has been doing with his friends and his girlfriend. [ 52 ] Now, he is a father. He says he is able to adopt other behaviours, do good things for himself, get a job, stay home and make changes in his life. He also realizes that one person cannot change another, that it must come from within. Now, he writes, the time has come for him to take charge of his life; he feels that he is ready and wants to start a new

chapter in his life.

[ 53 ] Considering that the teenager will be 18 years old next [...], that he seems to realize the importance of making changes and considering the position of the Director, the Court will follow the conclusions sought. FOR THESE REASONS, THE COURT: [ 54 ] GRANTS the application; [ 55 ] DECLARES that the security and the development of the teenager X are still in danger; [ 56 ] REVISES AND EXTENDS the Court order rendered on November 4, 2019; [ 57 ] ORDERS that the teenager be entrusted to an institution operating a rehabilitation center chosen by the DYP; [ 58 ] AUTHORIZES a partial reintegration of the youth at the paternal grandmother’s house (re.:

Section 91

o) of the YPA; [ 59 ] AUTHORIZES a partial or total reintegration to the paternal grandmother’s house in the last 60 days of the court order; [ 60 ] ORDERS that the contacts between the youth and his parents be following agreement between the parties; [ 61 ] ORDERS that the contacts between the youth and his paternal grandmother be following agreement between the parties; [ 62 ] ORDERS that the contacts between the youth and D be under the supervision of the Youth Protection Director; [ 63 ] FORBIDS all the contacts between the youth and E and TAKES JUDICIAL NOTICE of her consent (exhibit filed under D- 34); [ 64 ] ORDERS that the youth meet with his addictions worker and follow the recommendations; [ 65 ] RECOMMENDS that the youth meet with his traditional cultural worker and follow the recommendations; [ 66 ] TAKES JUDICIAL NOTICE that the youth is agreeing to do so; [ 67 ] ORDERS that the youth and his paternal grandmother meet with the caseworker on a regular

schedule basis to update the situation; [ 68 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and his family; [ 69 ] ENTRUSTS the situation of X to the Director of Youth Protection A for the execution of the measures; [ 70 ] THE WHOLE until majority, on [...], 2020. ______________________________ Nancy Moreau, J.C.Q. M e Alexandra Provost Attorney for the D.Y.P M e Myriam Couillard Attorney for the child Date of hearing: August 31, 2020 Date of signature : September 14, 2020