2017 QCCQ 16010, 2017 QCCQ 16010

Protection de la jeunesse — 176665 2017 QCCQ 16010 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-032204-174 DATE : September 18, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2001 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 September 18, 2017. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend and revise the Court order rendered on March 14, 2017. [ 3 ] On July 28, 2017, the Tribunal ordered the compulsory foster care of the adolescent in a rehabilitation centre. [ 4 ] Today, the Director recommends that the adolescent remain placed in a rehabilitation centre and that support measures be ordered for the next year. [ 5 ] The mother is in agreement with the proposed measures. [ 6 ] The father is absent but was duly notified of the Court hearing. [ 7 ] The adolescent is in agreement with the measures but would prefer a nine month court order.

Question in litigation [ 8 ] Are the recommended measures made in the adolescent’s best interest and respecting her rights? What should be the Court order’s duration? Context and Analysis [ 9 ] During her placement at St-Rose rehabilitation centre, the adolescent functioned relatively well. The mother testified to the effect that she believed, at the time, that her daughter was not ready for a reintegration home. She eventually agreed for the adolescent to be reintegrated and this was completed on June 14, 2017. The adolescent made efforts to follow her mother’s rules, but they were short- lived.

[ 10 ] In mid-July, the situation deteriorated. On July 18, 2017, the adolescent left the home without informing her mother of her whereabouts and only came back home the following morning around 10 a.m. The mother found marijuana in the adolescent’s bag. [ 11 ] On July 25, 2017, the adolescent was involved in shoplifting. [ 12 ] On the same day, the adolescent ran away and was found by the police the next day. [ 13 ] On July 26, 2017, the adolescent informed the youth protection worker that she had been taking Xanax daily for the last week and a half.

She confirmed that all of her friends are using heavy drugs and that she would end her life when she turns 18. [ 14 ] She reported that, on July 25, a 16 year old male peer had been physically abusive towards her. She also reported that, during the same week, men had done bad things to her but she had trouble remembering exactly what happened. [ 15 ] Immediate protective measures were applied and the adolescent was brought to the Montreal Children’s Hospital. It was noted that the adolescent was not managing well the insulin for her diabetes.

She was eventually discharged and brought back to St-Rose rehabilitation centre. [ 16 ] On July 28, 2017, the Tribunal ordered the compulsory foster care of the adolescent in a rehabilitation centre. [ 17 ] The mother acknowledges that, at this time, the adolescent needs professional help to deal with her substance and personal issues. [ 18 ] The father continues to have sporadic contacts with the adolescent. For a certain period of time, the adolescent refused to see him.

He reports to the youth protection worker being open and collaborates with the Director. [ 19 ] During the family crisis, both parent worked well together to manage the situation of risk. [ 20 ] On August 3, 2017, the adolescent ran away and was apprehended five minutes following her departure from the centre. She was transferred to Jeanne-Sauvé Unit. [ 21 ] The adolescent agreed to undergo a psychiatric assessment. She is open to look at different resources in order to treat her drug problem. She testified and explained that when she was reintegrated in the community, she got overly excited.

She made bad choices in search of immediate pleasures. Even if she is under the impression that a year court order is long, the adolescent needs this time to find and create internal means of control. Tools are at her disposition and she should use them wisely.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 22 ] GRANTS the application for revision; [ 23 ] DECLARES that the security or the development of the adolescent are still in danger; [ 24 ] REVISES the order rendered on March 14, 2017; [ 25 ] ORDERS that the adolescent be entrusted to a rehabilitation centre; [ 26 ] TAKES NOTICE of the adolescent’s agreement to submit to random substance testing and consequently, ORDERS that the adolescent undergo random substance testing as requested by the Director of Youth Protection; [ 27 ] STRONGLY RECOMMENDS that the adolescent take steps to address her personal issues (e.g. drug addiction, emotional regulation, etc.) and follow recommendations made by treating professionals including pharmacological intervention as prescribed; [ 28 ] RECOMMENDS that the mother continue to take steps to address her personal issues which impact her parenting abilities and report her progress to the Director of Youth Protection; [ 29 ] RECOMMENDS that the parents continue to seek therapeutic support to address their collective issues (e.g. co-parenting) and gain insight regarding the corresponding implications for the adolescent and TAKES NOTE of their agreement to do so; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 31 ] THE WHOLE for a period of one year; [ 32 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Signed on October 3, 2017 /cd Mtre Marie-Josée Paiement Counsel for the Director of Youth Protection Mtre Mathieu Farazandeh Counsel for the adolescent

Date of hearing: September 18, 2017