2023 QCCQ 6430, 2023 QCCQ 6430

Protection de la jeunesse — 233365 2023 QCCQ 6430 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 000509-130 DATE: April 4, 2023 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2006 adolescent and A (deceased) B (deceased) 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 April 4, 2023. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by Justice Éric Hamel on August 30, 2021. [ 3 ] Today, the Director recommends that the adolescent be placed in a rehabilitation centre for a period of four months and that diverse support measures be ordered until his majority. [ 4 ] The adolescent agrees with the Director’s plan.

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 continued to be entrusted to the care of Mrs. C in [Community A]. Since October 2022, the adolescent’s behaviours deteriorated. [ 7 ] Following Dr. Beltempo’s assessment on July 2, 2021, the Director referred the adolescent to Dr. Nadya Beaudoin, psychologist. The adolescent eventually refused to participate in a psychological follow-up.

He also refused to receive services from Social Services. [ 8 ] On an occasional basis, the adolescent participated in a follow-up with Dr. Michelle Larose, child psychiatrist. They maintained a productive and trusting supportive relationship. [ 9 ] The adolescent has been smoking cannabis, drinking alcohol and has been truant from school. He presented with self-harming behaviours. The adolescent reported that he self-mutilated to “ relieve his mental pain ”.

[ 10 ] In October 2022, the adolescent physically assaulted his girlfriend. He recognized that the had followed her with his ATV in order to scare her. On November 29, 2022, following an argument with his girlfriend, the adolescent contacted the police while intoxicated. Later that night, he ran away from his foster family. He was located later during the day. [ 11 ] On November 14 and 26, 2022 and January 31, 2023, the adolescent expressed suicidal ideations. [ 12 ] On February 1, 2023, the adolescent tried to kill himself.

He was medically evacuated to the A Hospital on February 4, 2023, where he remained until February 17, 2023. On that day, immediate protective measures were invoked, and the adolescent was placed in a rehabilitation centre. [ 13 ] The adolescent has been entrusted to Mrs. C for several years. At this point, the foster mother is unable to ensure the adolescent’s safety and to provide the necessary structure. She will continue to collaborate with the Youth Protection worker to be provided with tools to best support the adolescent. She expressed that the adolescent has not been respecting her rules and curfew.

She has been worried about the impact of his behaviours. She considers the adolescent as part of her family and wants to remain involved in his life. [ 14 ] On February 21, 2023, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. The adolescent was placed in a [Centre A] unit in [Town A]. The Tribunal took judicial notice that the Director would return him in a [Community B] facility as soon as there is a place for him. [ 15 ] Today, the Director’s recommendations are the best option for the adolescent.

He is lucky to have found a foster family that is so devoted to his well being. THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for revision; [ 17 ] DECLARES that the security or the development of the adolescent is still endangered; [ 18 ] REVISE the order rendered on August 30, 2021 by Justice Éric Hamel; [ 19 ] ORDERS that the adolescent be entrusted to a rehabilitation centre for a period of four months; [ 20 ] ORDERS that the adolescent be progressively integrated to the foster family of Mrs.

C starting in two months; [ 21 ] ORDERS that the adolescent receive specific health care and health services such as a follow-up with a child and youth psychiatrist as long as deemed necessary by the professionals and that the recommendations be followed by the adolescent and the foster family; [ 22 ] RECOMMENDS that the adolescent attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 23 ] ORDERS that the adolescent and Mrs. C take an active

part in the application of any of the measures ordered by the Court and fully collaborate with the Director of Youth Protection; [ 24 ] ORDERS that the adolescent report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 25 ] 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; [ 26 ] ORDERS that the police collaborate to the execution of the ordered measures; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his foster family; [ 28 ] THE WHOLE until the adolescent age of majority; [ 29 ] 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 June 6, 2023 /cd Mtre Justine Carli Counsel for the Director of Youth Protection Mtre Geneviève Lucas Counsel for the adolescent Date of hearing: April 4, 2023