2020 QCCQ 14298, 2020 QCCQ 14298

Protection de la jeunesse — 202107 2020 QCCQ 14298 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” No: 635-41- 000926-185 DATE: January 29, 2020 ______________________________________________________________________ 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 January 29, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Peggy Warolin on April 18, 2019. [ 3 ] Today, the Director recommends that the adolescent remain entrusted to her parents’ care and that diverse support measures be provided until [...], 2021. [ 4 ] The mother is not sure if she wants to continue collaborating with the Youth Protection worker.

She still mentions that she is agreeing with the proposed recommendations. [ 5 ] The father is absent. [ 6 ] The adolescent is agreeing with the Director’s plan. Question in litigation [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 8 ] The adolescent has continued exhibiting serious behavioural disturbances (consuming alcohol, not attending school, expressing suicidal ideations, being aggressive). [ 9 ] On May 21, 2019, the adolescent’s brother slapped the side of the mother’s head.

The child’s brother and the mother were both intoxicated at the time of the incident. [ 10 ] On June 29, 2019, the adolescent was detained for mischief and for breaching conditions as she broke a car window. On that day, she assaulted a girl from her community and this assault was recorded on a video. [ 11 ] On July 13, 2019, the adolescent was arrested for uttering threats to cause bodily harm, failure to comply with an undertaking or

recognizance and breach of custody or supervision order. [ 12 ] From July to November 2019, the adolescent was detained in Detention Centre A with regards to the assault. In the centre, at times, she had difficulties following instructions. [ 13 ] On September 20, 2019, the parents were supposed to travel to Town A to visit their daughter. They missed their flight as they were intoxicated. [ 14 ] In October 2019, the parents were able to travel to Town A and visit the adolescent for one day.

On the other day, they called the unit intoxicated to arrange for transportation. [ 15 ] On October 16, 2019, the adolescent presented with aggressive behaviours. She expressed suicidal ideations. [ 16 ] On November 19, 2019, the adolescent was found guilty of assault and she was imposed a deferred custody and supervision sentence for a period of three months. [ 17 ] Following her release, her behaviours improved. During her testimony, the mother reported that the adolescent was doing much better and that she was helping more with chores.

The family was able to count on the support of an external educator and of Young Offenders’ workers. [ 18 ] The mother reported to the Youth Protection worker that she wants to collaborate with the Director. She has showed greater parental capacities. She works long hours at the Elder’s Home. In the home, there is little structure or routine in place. The mother reported to the Youth Protection worker consuming alcohol once per week or once every two weeks, when she has no children under her care. [ 19 ] The father in not collaborating with the Director.

He refuses all communication with the Youth Protection worker. [ 20 ] Even though the mother’s collaboration has improved with time, the Director’s intervention remains necessary. The adolescent still needs to improve on her behaviours. As the family situation remains fragile, continued support from the Director remains essential.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application for extension; [ 22 ] DECLARES that the security or the development of the adolescent is still endangered; [ 23 ] EXTENDS the order rendered on April 18, 2019; [ 24 ] ORDERS that the adolescent remain with her parents; [ 25 ] ORDERS that the adolescent attend school or another place of learning or participate in a program geared to developing skills and autonomy, at least until the end of the 2019-2020 school year; [ 26 ] ORDERS that the adolescent and her parents receive the services of an external educator for the period deemed necessary by the professionals; [ 27 ] ORDERS that the adolescent and her parents take an active

part in the application of the measures ordered and fully collaborate with the Director of Youth Protection; [ 28 ] ORDERS that the adolescent and her parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 29 ] ORDERS that the parents remain sober in the presence of the adolescent; [ 30 ] ORDERS that the parents refrain from engaging in any form of aggression or violence in the adolescent’s presence; [ 31 ] RECOMMENDS that the parents seek help through the Social Services or another resource deemed appropriate concerning their substance abuse and personal issues; [ 32 ] AUTHORIZES the Director of Youth Protection to access the information regarding the adolescent and her parents’ presence at appointments with professionals and their level of involvement with the services provided; [ 33 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 34 ] THE WHOLE until [...], 2021; [ 35 ] 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 13, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett Counsel for the adolescent Date of hearing: January 29, 2020