2020 QCCQ 13845, 2020 QCCQ 13845

Protection de la jeunesse — 202099 2020 QCCQ 13845 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] “Youth Division” No: 635-41- 000600-145 DATE: January 28, 2020 ______________________________________________________________________ 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 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 January 28, 2020. [ 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 14, 2019. [ 3 ] Today, the Director recommends that the adolescent remain entrusted to her parents and that diverse support measures be ordered until June 30, 2020. [ 4 ] The mother and the adolescent are in agreement with the Director’s plan. [ 5 ] The father is absent.

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 has been doing well under her parents’ care. [ 8 ] The adolescent is still of school age but has been significantly absent from school without justification. [ 9 ] The adolescent currently works at the [Company A] and at the [Company B] in Town A. The Tribunal reminds the adolescent that her first and most important “job” is to attend school. [ 10 ] The adolescent has continued to struggle with alcohol consumption issues.

She reports having difficulty trusting social workers.

[ 11 ] On November 2, 2019, police had to intervene as the adolescent and her sister Y got into a physical fight while they were drinking alcohol in the home. [ 12 ] On November 29, 2019, police had to intervene for a similar incident, where the adolescent was intoxicated, trying to fight with her sister Y. [ 13 ] The mother has not sought help through Social Services. On July 16 and July 22, 2019, the mother was highly intoxicated and refused to meet with a Youth Protection worker. [ 14 ] She now collaborates in a better way with the Director.

From August to October 2019, she had to go to Montreal for a knee surgery. [ 15 ] During her testimony, the mother presented that it was difficult for her to trust and collaborate with the Director as numerous workers were assigned to her file. [ 16 ] The father reported to the Youth Protection worker that he stopped drinking alcohol since his stroke of 2016. He collaborates with the Director but is more passive. [ 17 ] The Director considers that intervention remains necessary due to the recurrence of the situation. While some gains can be observed, the family’s situation remains fragile.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for extension; [ 19 ] EXTENDS the order rendered on June 14, 2019; [ 20 ] DECLARES that the security or the development of the adolescent continues to be endangered; [ 21 ] ORDERS that the adolescent remain entrusted to her parents’ care; [ 22 ] ORDERS that the adolescent attend a school or another place of learning or participates in a program geared to developing skills and autonomy; [ 23 ] ORDERS that the adolescent and her parents take an active

part in the application of the ordered measures and that they fully collaborate with the Director of Youth Protection; [ 24 ] ORDERS that the adolescent and her parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 25 ] ORDERS that the mother remain sober in the adolescent’s presence; [ 26 ] RECOMMENDS that the mother seek help through Social Services or another resource deemed appropriate concerning her substance abuse; [ 27 ] 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; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 29 ] THE WHOLE until June 30, 2020; [ 30 ] 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 February 13, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Nada Boumeftah Counsel for the adolescent Mtre Kelly Ann Sinnett Counsel for the mother Date of hearing: January 28, 2020