2019 QCCQ 14947, 2019 QCCQ 14947

Protection de la jeunesse — 1910481 2019 QCCQ 14947 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 145-41-000631-199 DATE: December 5, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2002 Adolescent and A and B Parents/Defendants ______________________________________________________________________ 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 used to live in Country A with his mother. They move back to this area in the last year. However, the mother decides to leave and return to Country A while the adolescent is in a treatment center.

As the father is not involved in the adolescent’s life, the latter cannot rely on his parents’ daily support. [ 2 ] Alleging that the adolescent is abandoned and demonstrates behavioural problems, the director of youth protection (DYP) asks the Court to order the application of protective measures. [ 3 ] The adolescent agrees with the recommendations that the DYP submit. The mother is neither present nor represented at the hearing. [ 4 ] Following the hearing, the Court grants the application, pronouncing an oral judgment.

Here are the reasons supporting that decision. [ 5 ] The adolescent suffers from drug addiction. In July, shortly after moving back to the community, he decides to enroll himself into a treatment program, in order to put an end to his use of cocaine and opioids. [ 6 ] Around the end of September, the adolescent is ready to leave the A treatment center. However, the mother does not live in the area anymore, as she decided to return to Country A. The adolescent has therefore nowhere to go. [ 7 ] The social worker contacts the mother, in order to discuss her intentions towards her son.

The mother refuses to come and pick up the adolescent if he leaves the center prior to the date set for the end of his therapy, namely October 8. [ 8 ] Under the circumstances, as the adolescent is ready to be out, he is entrusted shortly to a foster family and then to his grandmother, as provisional measures. [ 9 ] The adolescent shows behavioural issues while living with his grandmother. He does not respect curfew neither does he attend school as scheduled. He drinks and spends time with his friends and girlfriend without informing his grandmother of his whereabouts.

On November 11, during the night, the adolescent is found by the police after stealing a vehicle while under the influence of alcohol. [ 10 ] On the same day, the adolescent is entrusted to a rehabilitation center. The adolescent complies with rules and structure in place at the unit. There are no issues with his behaviour. [ 11 ] The adolescent demonstrates in the rehabilitation center that he is able to respect rules. Under the circumstances, his grandmother is willing to take him back. However, the adolescent must show respect for his grandmother’s authority.

[ 12 ] The evidence convinces the Court that the security and development of the adolescent are in danger, because his parents fail to provide for his care and also because he presents behavioural problems. [ 13 ] The measures suggested appear to meet the adolescent’s needs and be in best interest. However, the situation remains fragile and there are challenges ahead.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 14 ] GRANTS the application for protection; [ 15 ] DECLARES that the security and development of X are in danger according to sections 38a) and 38f) of the youth protection act ; [ 16 ] ORDERS that the adolescent be entrusted to his maternal grandmother, Mrs.

C, until June 30, 2020; [ 17 ] AUTHORIZES that the adolescent benefit from respites in a rehabilitation center for a maximum of 5 consecutive days bi- weekly, if his situation requires it and with his consent; [ 18 ] RECOMMENDS that the adolescent involve himself for drug and alcohol counselling and follow-up, if deemed necessary by the professional; [ 19 ] RECOMMENDS that the adolescent involve himself in psychological counselling for his personal problems; [ 20 ] ORDERS that the adolescent actively participate in the measures ordered to put an end to the situation; [ 21 ] ORDERS that the mother report at regular intervals to the DYP to inform of her current situation; [ 22 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until June 30, 2020; [ 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 Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on December 16, 2019