2021 QCCQ 10896, 2021 QCCQ 10896

Protection de la jeunesse — 216097 2021 QCCQ 10896 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 000612-140 DATE: June 9, 2021 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2003 adolescent and A mother ______________________________________________________________________ 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 revise and extend the order rendered by the Honourable Lucie Godin on May 11, 2020. [ 3 ] Today, the Director recommends that the adolescent be entrusted to his mother’s care and that support measures be ordered until his age of majority. [ 4 ] The mother and the adolescent agree with the Director’s plan.

The adolescent’s attorney mentions that her client is willing and happy to work with the Director in his community. Question in litigation [ 5 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? Context and Analysis [ 6 ] The adolescent has been diagnosed with Jeavon Syndrome, an epilepsy disorder, Attention Deficit Hyperactivity Disorder and depression. He also has an intellectual disability. On July 23, 2020, the adolescent ran away from the rehabilitation centre.

Since then, he has stopped taking his prescribed medication. [ 7 ] Despite several warrants, the police were unable to locate him. Information was to the effect that her would be residing with different family members in Town A. [ 8 ] The mother’s situation remains essentially the same. Up until recently, she minimally collaborated with the Director. She still does not understand the importance for her son to take his medication. On occasions, she reported that her was doing fine but refused to provide the Youth Protection worker with the adolescent’s location.

She mentioned that he was spending time with the family, learning cultural activities, hunting, fishing and camping.

[ 9 ] At this point, the Director is of the opinion that the Tribunal should entrust the adolescent to his mother’s care and that support measures should be ordered. The Youth Protection worker will put services in place, with Social Services’ support to work on the adolescent’s autonomy. At least, the Director should be able to ensure that he is cared for in a stable environment. This is an exceptional situation and the least detrimental solution for him.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the application for revision and extension; [ 11 ] DECLARES that the security or the development of the adolescent is still endangered; [ 12 ] REVISES and EXTENDS the order rendered on May 11, 2020 by the Honourable Lucie Godin; [ 13 ] ORDERS that the adolescent be entrusted to the care of his mother; [ 14 ] ORDERS that the adolescent receive specific health care and health services such as a follow-up with a child and youth psychiatrist, and that the adolescent and his mother follow the recommendations made by the professionals; [ 15 ] ORDERS that the adolescent and his mother take an active

part in the application of the measures ordered by the Court and that they fully collaborate with the Director of Youth Protection; [ 16 ] ORDERS that the adolescent and his mother report in person, at regular intervals, to the Director of Youth Protection to inform him of their current situation; [ 17 ] ORDERS that the mother remain sober in the presence of the adolescent; [ 18 ] ORDERS that the mother refrain from any kind of violence in the presence of the adolescent; [ 19 ] RECOMMENDS that the mother seek formal help through the Social Services or another resource deemed appropriate concerning her substances abuse, relationship and personal issues; [ 20 ] AUTHORIZES the Director of Youth Protection to access the information regarding the adolescent and the mother’s presence at appointments with professionals and their level of involvement with the services provided; [ 21 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the mother’s residence; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 23 ] THE WHOLE until [...], 2021; [ 24 ] 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 Mtre Nada Boumeftah Counsel for the mother Date of hearing: June 9, 2021