2019 QCCQ 11451, 2019 QCCQ 11451

Protection de la jeunesse — 191854 2019 QCCQ 11451 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-032204-174 DATE : March 12, 2019 ______________________________________________________________________ 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 95 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 March 12, 2019. [ 2 ] The Director of Youth Protection (the Director) and the parents allege that it is necessary to revise and extend the order rendered on September 18, 2017. [ 3 ] Today, the Director recommends that the adolescent be entrusted to her parents’ care and that support measures be ordered until her age of majority. [ 4 ] The mother and the adolescent are in agreement with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 6 ] Following the last order, the adolescent resided at the A Unit, where she continued to struggle. [ 7 ] The adolescent confirmed that she had been involved in prostitution. She was asked by a past partner to recruit other females. This person also reside on campus.

Arrangements were made for the adolescent not to be in contact with this person. [ 8 ] Following a trip to [Country A] with her family during the holidays, the adolescent admitted to consuming her bedtime medication during the day. [ 9 ] On April 2 nd , 2018, around 3:00 a.m., the adolescent left her father’s residence, without permission. When he found out, the father went to pick his daughter up from her friend to bring her to the rehabilitation centre. While in the car, he hit her on the arm on a few occasions.

The Director received a signalement regarding this situation, but as the incident seemed situational, it was not retained.

[ 10 ] The adolescent participated in a therapeutic process until May 2018, when she decided to end such service. [ 11 ] On June 4, 2018, the adolescent left her mother’s home without authorization. She remained unaccountable in the community until June 7, 2018, when she was found by the police in City A. The adolescent confirmed that, while in the community, she consumed marijuana, alcohol and cocaine. [ 12 ] The parents inquired into alternative treatment options and found a residential treatment centre in [Country B] that specialized in women struggling with emotional and addictive issues.

It was possible for the adolescent to start the program on July 6 2018. This program was expected to last until October 4, 2018. The adolescent voiced her agreement to take

part in such program. [ 13 ] On July 5, 2018, the Tribunal rendered an interim decision, entrusting the adolescent to her parents’ care and authorizing that she attend the A treatment centre in [Country B]. [ 14 ] While in the program, the adolescent did well and kept in constant communication with her parents. [ 15 ] On September 17, 2018, considering that the adolescent’s rehabilitation process was not yet completed, the Tribunal maintained the authorization for the adolescent to attend the A treatment centre in [Country B]. [ 16 ] On October 4 th , 2018, the adolescent finished her rehabilitation program in [Country B] and returned to her parents care.

The situation appeared to have stabilized. [ 17 ] On October 7 th , 2018, the adolescent left her mother’s house to go reside with her father. [ 18 ] On November 3, 2018, during a visit at her mother’s place, the mother found that the adolescent had marijuana in her possession. She informed the father and the youth protection worker of this fact. [ 19 ] On November 20, 2018, the adolescent attempted to commit suicide and was brought to the hospital.

She had recurrent visual hallucinations. [ 20 ] She admitted having resumed her drug consumption (including marijuana, cocaine, Xanax and mushrooms). [ 21 ] On November 23, 2018, the Tribunal granted the adolescent’s request for postponement until November 26, 2018.

In the meantime, the Tribunal entrusted the adolescent to a hospital, namely A Hospital. [ 22 ] On November 26, 2018, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre until December 20, 2018. [ 23 ] The parents and the adolescent decided to inquire, once again, on alternative treatment plan for the adolescent.

They found a residential treatment centre outside of Toronto, specializing in individuals struggling with addictive issues and offering treatment for mental health issues. [ 24 ] On December 14, 2018, the Tribunal entrusted the adolescent to her parents’ care under the condition that she resides at the B Centre and that upon her discharge, she be placed in a rehabilitation centre. The December 20, 2018 hearing was postponed to March 12, 2019. [ 25 ] The adolescent participated in the Trafalgar program form December 17 to December 30, 2018, when she decided to leave the program.

On December 31, 2018, she was transferred back to A unit. [ 26 ] During weekend’s visits with her parents, the adolescent is making efforts to improve her attitude. The visits are reported as positive. At the Centre, the adolescent is doing well and taking steps to be able to return home to her parents. [ 27 ] During her testimony, the mother confirms that the adolescent started seeing a psychologist. [ 28 ] At this point, the parents and the adolescent are expressing a common whish for reunification. They have taken steps to ensure that this process will be positive.

The Director has noted improvement in the adolescent’s behaviour and ability to communicate. The parties are in agreement for the Director to continue providing support. The proposed plan is realistic and meets the Youth Protection Act ’s guiding principles.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 29 ] GRANTS the application for extension and revision; [ 30 ] DECLARES that the security or the development of the adolescent is still in danger; [ 31 ] EXTENDS and REVISES the order rendered on September 18, 2017; [ 32 ] ORDERS that the adolescent be entrusted to the care of her parents; [ 33 ] RECOMMENDS that the adolescent undergo random substance testing as requested by the Director of Youth Protection; [ 34 ] RECOMMENDS that the adolescent take steps to address her personal issues (e.g. drug addiction, emotional regulation, etc.) and follow recommendations made by the treating professionals including pharmacological intervention as prescribed; [ 35 ] RECOMMENDS that the parents continue to receive therapeutic support to address their personal issues;

[ 36 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 37 ] THE WHOLE until the adolescent’s age of majority; [ 38 ] 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 March 21, 2019 /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Mathieu Farazandeh Counsel for the adolescent Mtre Georgia Chronopoulos Counsel for the father Date of hearing: March 12, 2019