2019 QCCQ 15833, 2019 QCCQ 15833

Protection de la jeunesse — 1910701 2019 QCCQ 15833 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 525-41-031566-169 DATE: December 5, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2003 adolescent and A B parents ______________________________________________________________________ CORRECTED 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 December 5, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered on November 8, 2018. [ 3 ] Today, the Director recommends that the adolescent remain entrusted to a rehabilitation centre and that diverse support measures be ordered until her age of majority. [ 4 ] The parents are in agreement with the Director’s plan. [ 5 ] The adolescent is also agreeing with most of the Director’s recommendations.

She is not in agreement to undergo random drug testing. She submits that the contacts with her parents should be organized upon agreement of the parties. She also wishes for the Tribunal to recommend that all efforts be given for her to obtain and maintain employment. 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 continued to reside at the A group home. She generally functions well within the rehabilitation centre’s structure.

Due to her age, it is foreseen that she will soon move to a different resource. [ 8 ] Despite the support provided, she has continued to exhibit certain behavioural disturbances (consuming drugs, not respecting her mother’s rules, lying and using manipulation). At times, she also experienced difficulties managing her emotions. [ 9 ] In school, the adolescent is failing most of her subjects. She sometimes has difficulty remaining focused. She reported not being motivated with her classes. During her testimony, the adolescent reported doing better in school since she stopped taking her

medication in October 2019. She is now in grade 10 and wishes to pursue her studies. [ 10 ] Until June 18, 2019, the adolescent has continued to receive weekly support from her therapist. As she is interested in trying Art Therapy, this process started on November 27, 2019. [ 11 ] She has continue seeing her psychiatrist.

On November 1 st , 2019, her psychiatrist agreed that she could stop taking medication to help regulate her moods. [ 12 ] Since October 2019, the adolescent has been working on skills for independent living with the support from an educator from the Services A. [ 13 ] The family has stopped family counseling. The parents and the adolescent are open to start a new process of family counseling. [ 14 ] The adolescent maintained sporadic contacts with her father. He remains concerned about his daughter’s impulsive behaviours and attitude.

He is ready and open to work on his relationship with his daughter. [ 15 ] At this point, the adolescent’s return to one of her parent’s care would be premature. She continues to take decisions that place herself at risk in the community. The mother recognizes her difficulties to impose coherent and consistent limits. [ 16 ] At this point, alternative plans like working towards independent living need to be evaluated.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application for revision and extension; [ 18 ] DECLARES that the security or the development of the adolescent is still endangered; [ 19 ] REVISES and EXTENDS the order rendered on November 8, 2018; [ 20 ] ORDERS that the adolescent be entrusted to a rehabilitation centre; [ 21 ] ORDERS that the frequency and modalities of contacts between the adolescent and her parents be determined by the Director of Youth Protection, considering the adolescent’s wishes; [ 22 ] RECOMMENDS that the adolescent receive services for older adolescents and prepare for independent living; [ 23 ] RECOMMENDS that the adolescent continue to participate in art therapy and continue with her psychiatric follow-up; [ 24 ] RECOMMENDS that the adolescent and her parents participate in family therapy; [ 25 ] ORDERS that the parents not use any form of physical or verbal abuse towards their daughter; [ 26 ] ORDERS the adolescent to respect her parents’ authority and treat them with respect; [ 27 ] TAKES JUDICIAL NOTICE that the adolescent agrees to undergo a drug assessment; [ 28 ] ORDERS that the adolescent undergo a drug assessment and RECOMMENDS that she follow through with the recommendations; [ 29 ] RECOMMENDS that the mother address her personal issues and report back to the Director of Youth Protection as per her progress; [ 30 ] RECOMMENDS that efforts be given for the adolescent to obtain and maintain employment, considering the group home’s rules and functioning; [ 31 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 32 ] THE WHOLE until the adolescent’s age of majority (2021-[…]); [ 33 ] 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.

Corrected and signed on February 25, 2020 /cd Mtre Angela Nevard Counsel for the Director of Youth Protection Mtre Dahlia Gaiptman Counsel for the adolescent

Date of hearing: December 5, 2019