2021 QCCQ 2879, 2021 QCCQ 2879

Protection de la jeunesse — 211287 2021 QCCQ 2879 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] “Youth Division” No.: 525-41-036414-209 DATE: January 18, 2021 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARTINE NOLIN, J.C.Q. ______________________________________________________________________ In the situation of: X Born on [...], 2004 Director of Youth Protection Applicant - and- A - and- B Impleaded parents ______________________________________________________________________ JUDGMENT (Section 95 Y.P.A .) ______________________________________________________________________ WARNING: The Youth Protection Ac t prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified .

Every person who contravenes this provision is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] X and Y are twin brother and sister who are 16 years old. [ 2 ] On June 29, 2020, the adolescents, their parents, and the Director of Youth Protection (the Director) submitted a draft agreement to the Court, which the Court made enforceable. [ 3 ] In the agreement, the parties acknowledged that the security or development of the adolescents was in danger. The mother’s mental health was fragile and she had difficulty providing supervision for the adolescents, who did not respect her authority.

The two adolescents did not attend school diligently, associated with negative peers, did not obey their curfews, and used drugs. [ 4 ] The parties agreed to participate in support measures to address the difficulties: the adolescents would attend school every day, begin follow-up services with the CLSC, Pavillon A, and the Association A, and take

part in social services follow-up for six months. [ 5 ] In December 2020, the Director asked the Court to extend the measures for six months to implement support measures that were not put in place following the draft agreement. [ 6 ] The Director recommends placing Y at a rehabilitation centre for six months because of her persistent behavioural problems. [ 7 ] The mother, who is represented by counsel, acknowledges the situation as reported by the Director and agrees with the continuation of social services follow-up, but she asks that Y be returned to her home immediately.

In her view, the adolescent is now communicating better and has learned from her mistakes. [ 8 ] The adolescent has been in provisional placement at a rehabilitation centre since December 11, 2020. [ 9 ] The father, who is not represented by counsel, also acknowledges the situation of the two adolescents and simply defers to the mother’s position. [ 10 ] X, who is represented by counsel, admits the situation as alleged and agrees with the continuation of social services follow-up until the end of the school year. [ 11 ] His sister acknowledges that she ran away for a few days at a time, but she denies being late for school and asks to be returned to her mother’s home immediately, while agreeing to continue social services follow-up for nine months as recommended by the Director.

ISSUE

[ 12 ] Is the change in the adolescent Y sufficiently underway to allow her immediate return to the family environment? [ 13 ] The Court finds that Y’s reflexion is superficial and does not support the conclusion that she would now respect her parents’ authority.

ANALYSIS [ 14 ] In the fall of 2020, the mother and Y told the caseworker that the situation was stable and positive: she was attending school and respecting her mother’s authority. [ 15 ] The father, who is in nearly daily contact with the mother about the children, confirmed that this is an accurate description of the situation of X, but that he was worried about his daughter, who was not participating much in family life, was late for school, was not open about her comings and goings, and came home late. [ 16 ] Since November 2020, Y has not been arriving on time for her classes, even though they start late in the morning.

She has also failed to turn in any school work. [ 17 ] On November 30, she left for school and did not come home until 3:00 a.m., without providing an explanation. On November 4, she left and came back home two days later, still without explanation. [ 18 ] Her parents were worried and asked that she be placed in a rehabilitation centre.

The adolescent has responded well to the supervision provided at that type of resource. [ 19 ] The mother has observed a change in her communications with her daughter, as they are now able to discuss and converse. [ 20 ] That may be true, but the evidence shows that they do not discuss the difficulties that the adolescent displays.

The mother has also not managed to find out where her daughter went when she ran away, or whom she was with. [ 21 ] Such a level of transparency in their conversations would testify to a genuine motivation for change on Y’s part and allow the parents to plan for the supervision their daughter requires. [ 22 ] Until the adolescent displays genuine commitment to the support measures, the rehabilitation centre will provide her with safe and consistent supervision and ensure that she attends school. [ 23 ] The mother would also have been well advised to be more transparent about her daughter’s misconduct last fall; better targeted interventions could have been put in place at that time. [ 24 ] Until the family accesses the services offered in the community and commits to them, the Director’s presence remains necessary to avoid a repetition of the problems relating to parental supervision, respect for authority, and school attendance. [ 25 ] CONSEQUENTLY, THE COURT: [ 26 ] GRANTS the application; [ 27 ] DECLARES that the security or development of the adolescent is still in danger; [ 28 ] MAINTAINS the adolescent with his mother; [ 29 ] ORDERS the adolescent to attend school on a daily basis and arrive on time unless authorized by a medical note; [ 30 ] RECOMMENDS that the family receive services by the CLSC A; [ 31 ] RECOMMENDS that Ms.

A undergo a psychological evaluation and continue to participate in services to address her mental health; [ 32 ] AUTHORIZES the Director of Youth Protection to exchange information with professionals and community organisations working with the family; [ 33 ] ORDERS that the family collaborate actively with the intervention of the Director of Youth Protection; [ 34 ] ORDERS that aid, counsel and assistance be provided to the adolescent and his family; [ 35 ] THE WHOLE for a period of six months; [ 36 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A who shall then see that the measures are carried out.

SIGNED IN TOWN A

______________________ MARTINE NOLIN, J.C.Q. Mtre Christine Waldvogel, counsel for the DYP Mtre Younes Ameur, counsel for the adolescent Mtre Karine Dallaire, counsel for the mother Date of hearing: January 18, 2021 MN/if