2020 QCCQ 8204, 2020 QCCQ 8204

Protection de la jeunesse — 202115 2020 QCCQ 8204 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000942-190 DATE: January 28, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2003 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 Peggy Warolin on April 18, 2019. [ 3 ] Today, the Director recommends that X remained placed in a rehabilitation centre until March 14, 2020 and that diverse support measures be ordered until November 30, 2020. [ 4 ] The mother is in agreement with the Director’s plan. [ 5 ] The father and the adolescent are of the opinion that an immediate reintegration to the father’s home is possible.

They agree with the support measures proposed. Question in litigation [ 6 ] Is the adolescent’s reintegration to her father’s place possible as of today? Context and Analysis [ 7 ] The adolescent has been struggling with respecting the rules and expectations from the A group home in Town A. Due to her difficult behaviours in school, she was on the verge to be expelled.

She reports being bullied but she also bullies others. [ 8 ] The adolescent has continued to exhibit serious behavioural difficulties (consuming marijuana on a regular basis, being disrespectful and aggressive towards staff and peers). [ 9 ] On May 3 and 6, 2019, the adolescent was assessed by Caroline Bélanger, psychologist. The expert recommended that the adolescent participate in intensive clinical intervention to deal with grief and past trauma. It was also recommended that she continues to

be closely followed in psychiatry. [ 10 ] The father considers that the adolescent should return living in his care. The parents report that visits with her are positive and they observe a change in their daughter’s attitude and behaviours. She respects their established rules and curfew. [ 11 ] The parents do not reside together but are still involved in a relationship. [ 12 ] The mother has continued to consume alcohol. The father has continued to consume cannabis.

They have not taken steps to address their consumption issues and have no intention to do so. [ 13 ] The parents are open to receive services from an external educator. They have met with the educator on a few occasions. There are open to receive feedback. [ 14 ] The Director considers that the adolescent’s return to her parents’ care would be premature, that she still needs to work on her personal issues and that the same is true for the parents.

During her testimony, the Youth Protection worker clarifies the adolescent’s expectations: • follow rules, expectations and curfew; • not consume marijuana; • attend school. [ 15 ] The Director proposes that the adolescent remain in a rehabilitation centre until March 14, 2020 and that a progressive reintegration to the father’s care be planned until then. This is a cautious plan. It has been put in evidence that during her visits with her parents, the adolescent has already put in practice what she has learned at the group home.

Consequently, it is possible to permit an immediate reintegration at the father’s place.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for revision and extension; [ 17 ] DECLARES that the security or the development of the adolescent continues to be endangered; [ 18 ] REVISES and EXTENDS the order rendered on April 18, 2019; [ 19 ] ORDERS that the adolescent be entrusted to her father’s care; [ 20 ] ORDERS that the contacts between the adolescent and her mother be determined upon agreement between the parties; [ 21 ] RECOMMENDS that the adolescent be followed by a youth psychiatrist; [ 22 ] ORDERS that the adolescent and her parents receive the services of an external educator for the period deemed necessary by the professionals; [ 23 ] ORDERS that the adolescent and her parents take an active

part in the application of the ordered measures and that they 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 their current situation; [ 25 ] ORDERS that the parents remain sober in the adolescent’s presence; [ 26 ] RECOMMENDS that the parents seek help through the Social Services or another resource deemed appropriate concerning their substance abuse; [ 27 ] AUTHORIZES the Director of Youth Protection to access the information regarding the adolescent’s and her parents’ 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, counseling or assistance to the adolescent and her family; [ 29 ] THE WHOLE until November 30, 2020; [ 30 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 31 ] ORDERS the execution of the present order by any peace officer. ___________________________________ 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 Kelly Ann Sinnett Counsel for the child Mtre Angele Tommasel Counsel for the mother Mtre Nada Boumeftah Counsel for the father Date of hearing: January 28, 2020