2022 QCCQ 13550, 2022 QCCQ 13550

Protection de la jeunesse — 228017 2022 QCCQ 13550 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 635-41-000834-173 DATE: December 20, 2022 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2008 [SOCIAL WORKER 1], duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVISION (sections 95, para. 1, and 75 of the Youth Protection Act , CQLR., c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection has submitted an application pursuant to

section 95 of the Youth Protection Act [1] for the review of a decision rendered on August 23, 2022, by the Honourable Lucie Godin, J.C.Q. That decision declared that the security and the development of the youth were still in danger under sections 38b)2), 38e)2) and 38f) of the Youth Protection Act [2] .

She has ordered that the youth be entrusted to a rehabilitation centre until no later than August 29, 2022, and that the youth be placed with a foster family and that this placement occur at the latest by August 29, 2022. [ 2 ] The Director asks the Court to entrust the youth to a rehabilitation centre for an additional period of six (6) months, as well as other measures to resolve the situation. [ 3 ] At the hearing, the youth was represented by Mtre Geneviève Lucas. The mother and father were also assisted by lawyers. The father was in detention, but he attended via videoconference.

All the parties admitted that the youth’s security and development are still in danger and agreed with the proposed measures by the Director. The mother agreed with the measures only if there is a possibility of the youth being returned to her care. The father explained to the Court that he trusts the mother and hopes his daughter can return to the mother’s care as soon as possible. [ 4 ] The following facts were introduced in evidence. [ 5 ] The youth was 9 years old at the beginning of the current placement and she has been placed since October 25, 2017.

The maximum period has been reached because the youth has been in placement for a period of four years. [ 6 ] For the current placement, the youth was entrusted to a foster family in Town A on August 26, 2022. On September 22, 2022, the Director began receiving reports from the foster mother regarding her concerns with the youth’s behaviour. The youth was not obeying the rules, and she had begun drinking alcohol, using cannabis and sniffing gasoline. Not only was the youth participating in this behaviour, she was also pressuring the foster mother’s younger children to take part as well.

This is the reason the foster mother gave up on the placement. The youth was missing and she did not return to her foster family. The applicant found her, and at that point the youth was cooperative with the Director. The youth was not attending school consistently. She often stayed out past the curfew put in place by the foster mother or stayed out the entire night without communicating where she was or with whom. The youth finally moved into the [Unit A]. According to her key educator, [Social Worker 2], the situation is difficult at the moment as she barely complies with the

rehabilitation unit’s rules and programs, ignores the staff, is disrespectful, refuses to go to school, and tends to throw a tantrum when she does not get what she wants. [ 7 ] The mother continues to reside in her home community of Town B. She has obtained employment with the [Health Centre’s A] and seems to enjoy her work assisting in the community. She is working on reducing the frequency of her drinking and has been trying to make a positive change in her life.

She had reduced her alcohol intake for at least eleven months and her life has been calmer. [ 8 ] The mother would like her daughter back in her care but understands that she has to continue her work before this can happen. She understands that she has been participating in negative behaviours.

She realizes that her daughter needs to prove that she can maintain positive behaviours outside of a group home setting before fully returning to her care. [ 9 ] The father told the Director that he does not have the desire to maintain a relationship with his daughter. [ 10 ] After taking into consideration the documentary evidence and the position of the parties, the Court finds that the evidence is sufficient to declare that the security and development of the youth are still in danger and that the measures suggested meet her needs and are deemed to be in her best interest.

FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] REVIEWS the decision or order rendered on August 23, 2022; [ 13 ] DECLARES that the security and the development of the youth are still in danger under sections 38b)2), 38e)2) and 38f) of the Youth Protection Act [3] ; [ 14 ] ORDERS that the youth be entrusted to a rehabilitation centre chosen by the institution operating a child and youth protection centre for a maximum period of six (6) months; [ 15 ] ORDERS that the youth be returned to the care of her mother or the care of a foster family, after no longer than a period of six (6) months; [ 16 ] ORDERS that the process of returning the youth be allowed to start after a period of two (2) months, it the situation allows it and, notably, if: • The mother engages in follow-up with social services or any other resource deemed appropriate to address her alcohol and anger management issues; • The mother meets with the Director of Youth Protection every two (2) weeks, at her home, to assess the environment and to discuss the progress of her follow-up; • The Director of Youth Protection is authorized to perform unannounced visits at the parents’ residence when the youth is present; • The Director of Youth Protection is allowed to access the mother’s occurrence report; • And those conditions are maintained for the duration of the measure; [ 17 ] AUTHORIZES the Director to perform unannounced visits at the parents’ residence when the youth is present; [ 18 ] ORDERS that the youth attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 19 ] ORDERS that visits be organized for the youth in her home community every four weeks until her full return; [ 20 ] ORDERS that the terms, frequency and degree of supervision of contact between the youth and the parents be determined by the Director or Youth Protection; [ 21 ] ORDERS that the youth and her parents take an active

part in the application of any measures ordered by the Court; [ 22 ] ORDERS that the youth and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 23 ] ORDERS that the parents remain sober in the presence of the youth; [ 24 ] ORDERS the parents to abstain from all violent behaviour in the presence of the youth; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 26 ] ORDERS that the Director of Youth Protection provide information to the parties’ lawyers on the evolution of the situation; [ 27 ] ORDERS the police to cooperate in the execution of this judgment; [ 28 ] ENTRUSTS the situation of the youth to the Director of Youth Protection who shall then see that the measures are carried out.

[ 29 ] THE WHOLE until December 31, 2023 . __________________________________ NATHALIE SAMSON, J.C.Q. Mtre Alix Génier Cain Lamarre, s.e.n.c.r.l. Counsel for the D.Y.P. Mtre Geneviève Lucas Legal Aid Counsel for the youth Mtre Corine Jacquet Belton Avocats inc. Counsel for the mother Mtre Ève Laoun Counsel for the father Date of hearing: December 20, 2022