2022 QCCQ 6384, 2022 QCCQ 6384

Protection de la jeunesse — 222279 2022 QCCQ 6384 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division No: 635-41-000961-190 DATE: April 20, 2022 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A Applicant and X, born on [...], 2005 Adolescent and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) submitted an application to review a decision rendered on August 3, 2021, ordering that the adolescent remain with the parents with several assistance measures for the family. [ 2 ] The Director asks the Court to entrust the adolescent to a rehabilitation centre for a period of three months with a reintegration with his parents in the last 60 days of the placement. [ 3 ] The adolescent and his parents disagree with the placement in a rehabilitation centre.

The parents want their son returned to them as soon as possible. The father suggests that all family members, including the adolescent, participate in traditional activities such as hunting, fishing, and camping on the land to improve the family’s situation. He also plans to go to A Treatment Centre with all the family members. [ 4 ] The adolescent, for his part, wanted to go back to school to finish high school and return to his employment.

He also suggests that he would go with the family to practise traditional activities to avoid consuming alcohol or drugs and improve his relationship with his father. [ 5 ] The evidence shows that the situation of the adolescent deteriorated quickly after the last judgment. [ 6 ] On the day of the hearing on August 3, 2021, he went to the hospital highly intoxicated by alcohol claiming that his parents were intoxicated and fighting. [ 7 ] A similar situation occurred two weeks later.

The adolescent was again highly intoxicated and stated that his parents wanted to kill him. [ 8 ] On August 31, again while under the influence of alcohol, he stated that one of his parents wanted to kill him and that he wanted to kill his parents. He was sent to Town B by Medevac for an assessment of the state of his mental health. [ 9 ] The adolescent consumes alcohol on a regular basis, and the Town A Police Service has had to intervene several times.

On occasions, he was air lifted to Town B for suicidal or homicidal thoughts while highly intoxicated. [ 10 ] The evidence shows that he regularly uses marijuana and other THC products such as edibles. [ 11 ] The relationship between the adolescent and his father is strained, in particular when they are intoxicated. On February 10, 2022, a fight broke out between them. The adolescent felt denigrated because he is an adopted child. The mother asked for support to

intervene between them and help to improve their relationship. Unfortunately, the parents attended only two meetings and later stopped participating. [ 12 ] The adolescent and the father are willing to work on their relationship. The father believes that one way to improve their relationship is by hunting and spending time together on the land. Certainly, being together on the land for traditional activities can help to strengthen ties because it is part of the family’s foundation.

At the same time, the father will have to seek help concerning his alcohol and personal issues. [ 13 ] The father testified that he has been sober since the event on February 10, 2022. He is motivated to take the necessary steps to maintain his sobriety. [ 14 ] The adolescent is a smart young man. He is also a very good worker. He plans to finish high school and then go to college.

He is 17 years old and will reach his majority in less than one year. [ 15 ] In the light of all the evidence, the Court is of the opinion that a placement for around one month in a rehabilitation centre before his reintegration is not desirable. [ 16 ] The Court has been convinced that the adolescent will make every effort to achieve his goals. He is motivated and very cooperative. The parents are also open to receiving help and are ready to cooperate well.

They want to avoid having their son placed in a rehabilitation centre. [ 17 ] The Court concludes that it is possible for the adolescent to work on his issues in his family environment. He will work on his autonomy by working, going to school, and balancing his time to receive the help and services he needs to address his issues.

THEREFORE, AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application; [ 19 ] EXTENDS the decision rendered on August 3, 2021; [ 20 ] DECLARES that the security and development of X, born on [...], 2005, are still endangered; [ 21 ] ORDERS that the adolescent remain entrusted to his parents; [ 22 ] ORDERS that the adolescent and his parents take an active

part in the application of the measures ordered by the Court; [ 23 ] ORDERS that the adolescent and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 24 ] ORDERS that the adolescent and his parents receive the services of an external educator for the period deemed necessary by the professionals; [ 25 ] ORDERS the adolescent not to consume alcohol or drugs; [ 26 ] ORDERS that the parents remain sober in the presence of the adolescent; [ 27 ] ORDERS that the parents refrain from engaging in any violent behaviour in the presence of the adolescent; [ 28 ] RECOMMENDS that the parents seek help through social services or another resource deemed appropriate concerning their alcohol and personal issues; [ 29 ] RECOMMENDS that the family undergo therapy at the A centre as soon as this service is available; [ 30 ] ORDERS that the adolescent continue his psychological assessment and that he follow the recommendations of the professionals; [ 31 ] ORDERS that the adolescent participate in the family’s traditional activities; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling, or assistance to the adolescent and the family; [ 33 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection for the execution of the present order; [ 34 ] THE WHOLE until […], 2023.

Signed in Town C on June 6, 2022 __________________________________ RENÉE LEMOINE, J.C.Q.

Mtre Nada Boumeftah For the adolescent Mtre Geneviève Apollon For the applicant Mtre Ève Laoun For the mother Mtre Gabrielle Francoeur For the father Date of hearing: April 20, 2022