2021 QCCQ 10898, 2021 QCCQ 10898

Protection de la jeunesse — 216099 2021 QCCQ 10898 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 000853-181 DATE: June 9, 2021 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2005 adolescent and A father ______________________________________________________________________ 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 June 9, 2021. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Lucille Beauchemin on June 9, 2020. [ 3 ] Today, the Director recommends that the adolescent remain entrusted to a rehabilitation centre and that support measures be ordered until June 30, 2022. [ 4 ] The father mentions that he supports his son’s position, that if he feels homesick, then he will want him to return home. [ 5 ] The adolescent wants to return to his father’s care immediately.

Subsidiary, the adolescent’s attorney submits that the proposed duration of placement is too long. Questions in litigation [ 6 ] Is it possible to immediately return the adolescent to his father’s care? [ 7 ] If not, what should be the order’s duration? [ 8 ] Should the Director decide the frequency of contacts between the adolescent and his father? Context and Analysis [ 9 ] Is it possible to immediately return the adolescent to his father’s care? [ 10 ] Despite the structure offered by the rehabilitation centre, the adolescent has continued to exhibit serious behavioural disturbances.

On numerous occasions, he made death threats, intimidated and assaulted staff from the rehabilitation centre. The police had to intervene to de-escalate the situation.

[ 11 ] The adolescent struggled with limits and rules. He often reacted impulsively with verbal and physical aggression. [ 12 ] The adolescent reported that when he was on the run, he consumed alcohol and marijuana. When he was in the centre, he remained abstinent from drugs and alcohol. [ 13 ] At this point, the adolescent is facing several criminal charges. [ 14 ] On June 14, 2020, he ran away from the centre.

On September 7, 2020, he was located at his father’s residence. [ 15 ] In September 2020, he was transferred to a rehabilitation centre in Town A. [ 16 ] Up until May 9, 2021, the adolescent still had to be sent to an “Intensive Supervision” unit. [ 17 ] The adolescent has continued to express suicidal ideations. On September 23, 2020, he attempted to commit suicide. More recently, he has been able to better regulate his emotions. He can mention that he is sad and ask for a “time out”. [ 18 ] The father is not yet in a position to provide the structure required by the adolescent.

He has collaborated with the Director but continues to minimize the extent of his son’s behavioural problems. The Youth Protection worker asked the Family Council Program to work with the father. [ 19 ] From July 26 to August 14, 2021, the Director arranged for the adolescent to take

part in a “youth building program” in Town B. During that time, the Director plans to transfer the adolescent in a foster family in the community. [ 20 ] What should be the order’s duration? [ 21 ] The adolescent last visit to his father in Town C, from May 10 to 17, 2021, went well. They went for geese hunting together. It has recently been discovered that the adolescent functions well with visual tools. At his father’s, he was able to respect the contract that he had signed with the Director. During the visit, they were also able to do an Intervention Plan with the Youth Protection worker.

No written Intervention Plan was in effect before. In this situation, it appears particularly important to function with visual tools that will help the adolescent understand. As the Youth Protection worker mentioned: “ with clear rules, he can function ”. [ 22 ] During his testimony, the adolescent recognized that he had “ learned a lot in this unit ([Unit A]) ” and that it was helping him mentally. [ 23 ] During her testimony, Mrs. [Social worker 1], child care worker at [Unit A], mentioned that the staff from the unit was recommending that the adolescent return home in [Region A].

He has been doing well in this unit. They use particular visual tools to work with him. [ 24 ] Due to the recent change in the adolescent’s situation, the Tribunal considers that it is possible to reach the established goals before the end of the recommended Court order. [ 25 ] Should the Director decide the frequency of contacts between the adolescent and his father? [ 26 ] Dre Larose, child psychiatrist, recommends that the adolescent have more home visit with his father as he presents as very homesick.

Despite this recommendation, the Director was planning to maintain visits at the frequency of once per six weeks. This decision is not based on the expert’s recommendation and does not correspond to his best interest. The Tribunal will have to impose a minimal frequency for the visits between the adolescent and his father.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 27 ] GRANTS the application for extension; [ 28 ] DECLARES that the security or the development of the adolescent is still endangered; [ 29 ] EXTENDS the order rendered on June 9, 2020 by the Honourable Lucille Beauchemin; [ 30 ] ORDERS that the adolescent be entrusted to a rehabilitation centre; [ 31 ] AUTHORIZES that the adolescent be transferred to a foster family from July 26 to August 14, 2021; [ 32 ] ORDERS that the adolescent receive health care and health services required by his condition, notably that he take his medication as prescribed, that he be seen by a dentist, by a medical doctor and that he continue to be seen by a child psychiatrist; [ 33 ] ORDERS that the adolescent refrain from engaging in any form of aggression or violence; [ 34 ] ORDERS that the adolescent attend school on a regular basis and actively participate; [ 35 ] AUTHORIZES the Director of Youth Protection to access the information regarding the adolescent’s presence at appointments with professionals and his level of involvement with the services provided; [ 36 ] ORDERS that the police cooperate with the execution of the order if need be; [ 37 ] ORDERS that the adolescent and his father take an active

part in the application of the measures ordered;

[ 38 ] ORDERS that the adolescent and his father report in person, at regular intervals, to the Director of Youth Protection to inform him of their current situation; [ 39 ] ORDERS that the contacts between the adolescent, his father and the extended family be determined by the Director of Youth Protection as for the modalities, frequency and supervision; [ 40 ] ORDERS that visits between the adolescent and his father take place minimally once per month; [ 41 ] ORDERS that the adolescent and his family receive the services of an external educator for the period deemed necessary by the professional; [ 42 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 43 ] THE WHOLE until December 31, 2021; [ 44 ] 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 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett Counsel for the adolescent Date of hearing: June 9, 2021