2019 QCCQ 11853, 2019 QCCQ 11853

Protection de la jeunesse — 191898 2019 QCCQ 11853 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 614-41-000391-187 DATE : February 12, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2002 adolescent and A mother recognized party B person entrusted with the youth ______________________________________________________________________ JUDGMENT

Section 38 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 February 12, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent exhibits serious behavioural disturbances. [ 3 ] Today, the Director recommends that the adolescent remain placed in a rehabilitation centre until his age of majority.

Even if the mother signed a consent to adoption, the Director does not object to the mother’s participation to the proceedings. [ 4 ] The mother’s attorney considers that the mother is a party to the proceedings. The mother is in agreement with the Director’s plan. [ 5 ] The adolescent acknowledges that he needs help, but considers that he can get this help while living in a foster family. Questions in litigation [ 6 ] What is the mother’s status to the proceedings? [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights?

Context and Analysis [ 8 ] On January 9, 2002, the mother signed a general consent to adoption. Consequently,

article 556 of the Quebec Civil Code applies and the Director of Youth Protection exercises parental authority over the adolescent: Until the order of placement, consent to adoption entails, by operation of law, delegation of parental authority to the person to whom the child is entrusted. [ 9 ] The proceedings for an order of placement and a final adoption were never followed up.

[ 10 ] The mother has not withdrawn her consent within the prescribed delay of thirty days (articles 557 and 558 QCC). [ 11 ] Following the general consent to adoption, the Director of Youth Protection entrusted the adolescent’s care to Ms. C. [ 12 ] The adolescent’s situation was never processed through a [...] traditional adoption. [ 13 ] At this point, what is left of the mother’s exercise of parental authority is her ability to apply to the Court to have the child returned to her care (according to

article 558 QCC). [ 14 ] The Tribunal considers that since she signed the general consent to adoption, the mother cannot intervene ex officio at the hearing. [ 15 ] Following this decision, the mother’s attorney presented a verbal request for the Tribunal to grant her client the status of party to the hearing according to

article 81 of the Youth Protection Act . All parties agreed that the mother should be recognized as a party. She has been involved in the adolescent’s life for the last two years. They communicate through social media. Consequently, the Tribunal considers it expedient to do so in the interest of the adolescent. [ 16 ] In September 2018, the adolescent’s situation has been signaled due to his serious behavioural disturbances. The adolescent has been abusing alcohol. He has been involved in a breaking and entering. He did not always inform Ms. D of his whereabouts. [ 17 ] Ms.

D reported that two years ago, the adolescent’s behavioural problems started to escalate. He has been late and missing school. [ 18 ] On November 29, 2018, following the signature of a provisional agreement, the adolescent was entrusted to Ms. E in City A. [ 19 ] On December 19, 2018, the adolescent was found intoxicated in City B. He was placed in a rehabilitation centre. [ 20 ] On January 8, 2019, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 21 ] The adolescent reported that his foster parents are not interested in him. He does not see them often.

The foster parents’ situation is not stable. The foster father consumes alcohol in an excessive way. The foster mother is taking steps to find housing and separate from the foster father. [ 22 ] The adolescent’s mother has never been involved in the daily care of her son. She has contacts with him through social media. She mentioned to the youth protection worker that she would have liked to assume the adolescent’s care in the event that she had a place of her own. She now resides in a small house with her boyfriend and his parents. [ 23 ] The adolescent functions relatively well in the rehabilitation centre.

He does the chores that are expected of him. On occasions, he challenges some rules. He knows he needs to respect the rules if he wants to eventually be transferred to a foster family. In January 2019, he started attending school. He’s doing well and has the potential to succeed academically. He started to self-harm using sharp objects. The adolescent does not wish to return to City C or City D. He rather stay in City B. [ 24 ] During his testimony, the adolescent reported that he did not appreciate to be in a centre. He feels stuck. Other clients are teasing him and sometimes he teases them back.

He reported that counseling was “ alright ”. He reported that, for the last six years, he consumed alcohol and weed, but that he stopped on December 19, 2018. He does not consider his drinking or smoking weed as a problem. [ 25 ] The Director is asking the Court to be authorized to sign, instead of the parent, for the adolescent to receive a Medicare Card. This is troubling… Since January 9, 2002, the Director of Youth Protection should have exercised parental authority over the adolescent. Consequently, through the years, the Director should have signed all necessary documents for him.

The adolescent’s situation should have been followed closely by the Director. This was obviously not done. [ 26 ] The adolescent needs a place to reside that will provide him with an appropriate and benevolent structure. He needs to continue to attend school and apply himself. At this point in time, the Director has not found any foster family that would match the adolescent’s needs. A shorter placement order will permit a reassessment of the situation, including the search for the adolescent’s potential foster family.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 27 ] GRANTS the application for protection; [ 28 ] DECLARES that the security or the development of the child is endangered (

section 38

f) of the Youth Protection Act ); [ 29 ] ORDERS that the adolescent be placed in a rehabilitation centre for a period of six months, TAKES ACT of

article 62 of Youth Protection Act that provide for a possible reintegration into a foster family if the said

article is respected; [ 30 ] ORDERS that the adolescent continue to follow the rules of the Youth Healing Services; [ 31 ] ORDERS that the adolescent participate in the activities and programs available to him for the duration of his placement; [ 32 ] RECOMMENDS that the adolescent continue to attend school; [ 33 ] RECOMMENDS that the adolescent seek counselling and TAKES ACT of his consent to do so; [ 34 ] RECOMMENDS that the adolescent goes to see a [Center A] worker for his problem with alcohol;

[ 35 ] RECOMMENDS that the adolescent follow a treatment program; [ 36 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 37 ] THE WHOLE for a period of six months; [ 38 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q. Written and signed on February 25, 2019 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the adolescent Mtre Marie-Josée Ayoub Counsel for the mother recognized party Date of hearing: February 12, 2019