2019 QCCQ 19322, 2019 QCCQ 19322

Protection de la jeunesse — 198138 2019 QCCQ 19322 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000802-170 DATE: September 25, 2019 ______________________________________________________________________ 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 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 September 25, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Peggy Warolin on April 17, 2019. [ 3 ] Today, the Director recommends that the adolescent be entrusted to a rehabilitation centre and that support measures be ordered until September 30, 2020. [ 4 ] The father agrees with the Director’s plan. [ 5 ] The mother and the adolescent are asking that she be returned to her mother’s care as of today.

Questions in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? [ 7 ] Is it possible to entrust the adolescent to her mother’s care? Context and Analysis [ 8 ] While she was in her sister’s C foster family, the adolescent self-mutilated. She entered in a relationship with Mr. D and was again victim of conjugal violence. She was able to count on the weekly support from an external educator. [ 9 ] In June 2019, the adolescent ran away from the foster family of her sister C located in Town A.

She was able to find a way to return to her community. [ 10 ] On June 7 or 12, 2019, the adolescent had to be medically evacuated due to her suicidal ideations. On that day, she was

intoxicated and displaying aggressive behaviours. [ 11 ] On August 5, 2019, the adolescent was transferred to the foster family of Ms. E in Town B. [ 12 ] On August 6, 2019, the adolescent was again medically evacuated as she was expressing suicidal ideations. [ 13 ] On August 7, 2019, after being discharged from the hospital, the adolescent was brought to the Youth Protection office. The police had to intervene as the adolescent was yelling and was physically agitated.

The adolescent was arrested for uttering threats to the Youth Protection worker. [ 14 ] On August 8, 2019, the adolescent pressed charges against Mr.

D regarding the conjugal violence incidents that she went through. [ 15 ] Immediate protective measures were invoked on August 14, 2019, and the adolescent was placed in a rehabilitation centre in the group home A in Town C. [ 16 ] On August 27, 2019, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 17 ] On September 9, 2019, the adolescent was transferred to the Group Home B in Town D. [ 18 ] While in foster families, the adolescent has not respected the rules and curfew imposed by the foster parents.

She presents with issues of alcohol and marijuana consumption. She exhibited self-harming behaviours. She was physically aggressive with her escorts and police. She uttered death threats. Due to her behaviours, she had to be transferred to an alternate foster family. [ 19 ] At this point in time, the adolescent’s behaviours are such that a rehabilitation process is required.

She needs to be structured and focused on her personal issues. [ 20 ] The mother has been collaborating with the Youth Protection worker and offered her support to assist during the process of escorting the adolescent to the group home in Town C and Town D. [ 21 ] Up until today, she was agreeing with the child’s placement. Today she changed her mind, mentioning that she struggled since her daughter was placed; that she could not sleep and that she prayed to have her back in her care.

She believes that her daughter’s behaviours changed as she moved too often. [ 22 ] The mother testified that she would provide a structured environment for the adolescent. She would need to respect herself and others, abide by a curfew and go to school. During her testimony, the adolescent mentioned that she was ready to follow her mother’s rules. [ 23 ] Up until today, the mother has not been open to receive support from the CLSC to better equip herself to deal with the adolescent’s difficult behaviours. [ 24 ] The parents’ situation has remained essentially the same.

They are unable at this point to care for their daughter. [ 25 ] Contrary to the April 17, 2019 order, the Director of Youth Protection has not yet provided the adolescent with a psychological follow-up. As the Director is responsible for the execution of the Tribunal’s order, this will have to be provided as soon as possible.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 26 ] GRANTS the application for revision; [ 27 ] DECLARES that the security or the development of the adolescent is still endangered; [ 28 ] REVISES the order rendered on April 17, 2019; [ 29 ] ORDERS that the adolescent be entrusted to a rehabilitation centre; [ 30 ] ORDERS that the adolescent and the parents take an active

part in the application of the measures ordered; [ 31 ] ORDERS that the adolescent and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of their current situation; [ 32 ] ORDERS that the adolescent receive specific health care and health services such as follow-up with a child and youth psychiatrist; [ 33 ] ORDERS that the adolescent be seen and evaluated by a psychologist and if needed that she receives psychological therapy, if she is in agreement to such therapy; [ 34 ] ORDERS, in the event that the adolescent is reintegrated to her family’s care according to

article 62 of the Youth Protection Act , that she receive the services of an external educator for the period deemed necessary by the professionals; [ 35 ] ORDERS that the adolescent not come into contact with Mr. F and Mr. D; [ 36 ] ORDERS that the parents remain sober in the presence of the adolescent;

[ 37 ] RECOMMENDS that the parents seeks help through the Social Services or another resource deemed appropriate for their personal issues; [ 38 ] AUTHORIZES the Director of Youth Protection to access information regarding the adolescent and the parents’ presence at appointments with professionals and their level of involvement with the services provided; [ 39 ] ORDERS that the contacts between the adolescent and her parents be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 40 ] STRONGLY RECOMMENDS that those contacts be encouraged; [ 41 ] RECOMMENDS that the Director of Youth Protection inform the Legal Aid office of Me Jennis and Mrs.

Migué of the steps that are taken in terms of providing their client with a psychological evaluation and psychological follow-up; [ 42 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her parents; [ 43 ] THE WHOLE until June 12, 2020; [ 44 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Caroline Jennis and Mrs. Laurence Migué Counsel for the adolescent Mtre Nada Boumeftah Counsel for the mother Date of hearing: September 25, 2019