2019 QCCQ 14425, 2019 QCCQ 14425

Protection de la jeunesse — 194421 2019 QCCQ 14425 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-035172-196 DATE : April 25, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2004 Adolescent and A B parents ______________________________________________________________________ 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 April 26, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the child/adolescent exhibits serious behavioural disturbances and that he/she was subjected to psychological ill-treatment. [ 3 ] The Director recommends that the adolescent remain entrusted to a rehabilitation centre for five months and that support measures be ordered for a period of one year. [ 4 ] The adolescent and the father agree for the adolescent to remain in a rehabilitation centre until the end of the school year and to support measures for one year. [ 5 ] The mother wish for the file to be closed following the adolescent’s reintegration home, at the end of the school year.

Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights?

Context and Analysis [ 7 ] The adolescent exhibits serious behavioural disturbances : not attending school regularly, not respecting her parents’ authority, not respecting her curfew, not informing her parents of her whereabouts, being verbally and physically aggressive towards her parents, stealing from a peer, experimenting with marijuana. [ 8 ] On February 19, 2019, as the adolescent arrived late and refused to divulge her whereabouts, the situation escalated to the point where a physical altercation happened between the adolescent and her parents. [ 9 ] On March 15, 2019, the Tribunal entrusted the adolescent to her parents’ care, on a provisional basis, at certain conditions.

[ 10 ] The adolescent did not respect the imposed conditions. On March 26, 2019, immediate protective measures were invoked and she was placed at Centre A. [ 11 ] On March 28, 2019, the Tribunal ordered the provisional compulsory foster care or the adolescent in a rehabilitation centre. [ 12 ] The parents care deeply about their daughter. They are worried about her safety and the impacts of her difficult behaviours. [ 13 ] More time is needed to solidify the gains of the adolescent and ensure a safe return to her parents’ care.

The rehabilitation period proposed by the adolescent and the parents appears reasonable. Following the adolescent’s reintegration, the Director’s support will remain necessary. THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application for protection; [ 15 ] DECLARES that the security or the development of the adolescent is endangered ( sections 38

f) Youth Protection Act ; [ 16 ] ORDERS that the adolescent remain in a rehabilitation centre until June 30, 2019; [ 17 ] ORDERS that the adolescent attend school daily; [ 18 ] RECOMMENDS that the adolescent receive support services confidential to all parties; [ 19 ] RECOMMENDS that the family work with an educator in order to implement appropriate structure and boundaries; [ 20 ] RECOMMENDS that the parents follow through with the services to help develop appropriate parenting strategies/skills; [ 21 ] ORDERS that the Director of Youth Protection be allowed to obtain relevant information from treating professionals; [ 22 ] ORDERS that the family collaborate and meet with the Director of Youth Protection and treating professionals; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 24 ] THE WHOLE for a period of one year; [ 25 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on May 2, 2019 /cd Mtre Myriam DeBlois Counsel for the Director of Youth Protection Mtre Christian Benoît Counsel for the child Date of hearing: April 25, 2019