2023 QCCQ 7422, 2023 QCCQ 7422

Protection de la jeunesse — 231502 2023 QCCQ 7422 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 145-41-000765-229 DATE: April 18, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2008 Child and A B Parents/Respondents ______________________________________________________________________ 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 9.2 and 9.3 and 135 Y.P.A.). [ 1 ] For approximately one year now, the director of youth protection (DYP) has been involved with the child and his family on the basis of him being at serious risk of neglect under

section 38(b)2 o of the Youth protection act (YPA). [ 2 ] The mother has mental health issues and addiction problems that prevent her from assuming her parental responsibilities. It is in this context that, as of April 2022, the child is entrusted to his father. [ 3 ] Last November, the Court orders that the child remain with his father and that assistance be provided to the family. [ 4 ] The DYP is now asking the Court to review and extend this decision in order to entrust the child to a rehabilitation centre.

In fact, the child has already been placed in a rehabilitation unit on a provisional basis since January 2023. [ 5 ] The father agrees with the recommendations made by the DYP. The child, for his part, wishes to integrate a foster family living outside his community. As for the mother, she did not attend the hearing.

Her personal situation remains unchanged and, for several months, she has been practically absent from her son’s life. [ 6 ] The Court must now determine whether the child can be placed in a foster home or whether he should remain in a rehabilitation centre. [ 7 ] Over the last few months, the child’s situation has deteriorated significantly. The child shows serious behavioural problems within the meaning of

section 38(

f) YPA. He uses alcohol and cannabis, is frequently absent from school and refuses to abide by the rules at home. He also isolates himself and has suicidal tendencies. [ 8 ] The father worries about his son and feels powerless. He is overwhelmed by the situation and experiences more and more anxiety. In addition, their father-son relationship is deteriorating. The child states that he does not feel loved by his father. [ 9 ] In January, the child was hospitalized for a few days due to suicidal tendencies.

When he was discharged from the hospital, he entered the rehabilitation centre. [ 10 ] The child exhibits inappropriate behaviours at the rehabilitation centre as well. He resists authority and hardly accepts refusals.

He admits to his drug and alcohol use but does not see it as a problem. He also makes comments that reflect low self-esteem. [ 11 ] When testifying, the child indicated that he felt out of place in the unit and that people made fun of him. He added that everyone in his community uses drugs. He therefore wishes to be placed in a foster home outside his community.

However, he asks that any potential foster family be in the vicinity of his school so that he can continue to attend school there. [ 12 ] The Court will not consider the child’s request, for two reasons. [ 13 ] First, the Court cannot decide that a child’s foster family be in one location and not in another. The Court can only make recommendations in this regard. [ 14 ] In any event, the evidence convinces the Court that the child’s needs strongly support placement in a rehabilitation centre. [ 15 ] The child does not seem to fully acknowledge his difficulties.

He blames others and appears reluctant to make any changes. He needs guidance and support on a daily basis. He needs to change his behaviours and attitude in order to be able to evolve in a family-like environment. As it stands, there is reason to believe that he would be facing the same problems in a foster home that he did while living at his father’s. [ 16 ] For these reasons, he will remain at the rehabilitation centre for the next few months. [ 17 ] The measures recommended by the DYP are in the best interests of the child and the Court grants them accordingly.

FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for revision and extension of order; [ 19 ] DECLARES that the security and development of X are still considered to be in danger according to sections 38(b)2 o and 38(

f) of the Youth protection act ; [ 20 ] REVISES AND EXTENDS the Court order rendered on November 10, 2022; [ 21 ] ORDERS that the child be entrusted to a rehabilitation centre until October 31, 2023; [ 22 ] ORDERS that the parents report periodically to the DYP on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 23 ] ORDERS that contact between the child and his parents be determined by agreement between the parties and AUTHORIZES the DYP to supervise them; [ 24 ] RECOMMENDS that the child receive all health care and health services required by his condition, especially a psychological follow-up; [ 25 ] ORDERS to the parents to be sober and do not consume in the presence of the child; [ 26 ] RECOMMENDS to the parents to submit themselves to random screening tests for drugs; [ 27 ] RECOMMENDS that the parents involve themselves in counselling and a follow-up to address their personal difficulties, notably addictions follow-up, as long as deemed necessary by the professionals involved; [ 28 ] ORDERS that the child and his parents actively participate in the application of the measures ordered; [ 29 ] ORDERS that a person working in an organization of institution bring to the child as well as to his family, help, advice and support until October 31, 2023; [ 30 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment; [ 31 ] ORDERS that the parties concerned by this judgment comply with it. __________________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Jules Grenier for the child Ms. A the mother (absent) Mr. B the father Date of hearing: February 23, 2023