2023 QCCQ 8531, 2023 QCCQ 8531

Protection de la jeunesse — 232725 2023 QCCQ 8531 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000863-227 DATE : JANUARY 12 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2006 Child and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A Health and Social Services A, working in Town A; Applicant and A B Parents . JUDGMENT

Article 95 al. 1- Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits an application for a review of the decision rendered on September 28 th , 2022, entrusting the child to a foster home for a period of six months along with supporting measures including aid, counselling and assistance for a period of twelve months. [ 2 ] The Director asks the Court to order that the child remain entrusted to a rehabilitation centre for a period of six months and to authorize his reintegration to the parents in three months if the situation allows it and to order several assistance measures including aid, counselling and assistance to the youth and the youth’s parents for a period of twelve months.

[ 3 ] The father is absent. He’s been duly served. [ 4 ] M e Ayoub on behalf of the mother makes a general admission of the alleged facts, she only ignores one element. The mother agrees with the recommendations proposed. [ 5 ] M e Massé after having heard the whole evidence, given the mother’s position agrees with the recommendations proposed. [ 6 ] The evidence reveals the following facts. [ 7 ] On November 8 th , 2022, the situation of the youth was reported to the Director of Youth Protection Youth Protection regarding the youth being highly intoxicated and aggressive. The youth was having suicidal ideations.

He had to be placed in a rehabilitation centre to sober up. [ 8 ] Due to the youth aggressive behavior towards objects and personal the youth had to be hand cuffed and was given Ativan. The police assistance was required. [ 9 ] The youth does not attend school. He missed more than ten days of school since the beginning of the school year and was unregistered from school. He has to be registered again to attend school. [ 10 ] The parents’ situation remained the same. The mother still struggles with alcohol consumption.

M e Ayoub informs the Court that the mother is in process to get treatment, a ten days treatment to address her personal issues and then after she will enter Centre A to benefit from a treatment program. [ 11 ] At the time the application was signed, the father was still incarcerated, he’s been released since then. [ 12 ] The youth has been exhibiting behavioral issues that need to be address in more structured environment. On November 8 th , 2022, immediate protective measures were invoked, and the youth was placed in a rehabilitation centre.

The youth wish to get out of the rehabilitation centre as soon as possible. [ 13 ] [Social Worker 1], Youth Protection Worker, in a report [2] dated January 3 rd , 2023, analysis the situation in the following terms: The youth is 17 years old who is able to verbalize his thoughts and feelings. His placement at the Youth Healing Services has made some positive changes. He learned how to follow rules and directives at the Youth Healing Services. As for the mother she has made some positive steps by applying to an alcohol and drug treatment and is waiting for an intake date.

For the father he has not given any update on his status. Both parent's call or either visit their son at the Youth Healing services. [ 14 ] The goals and objectives of the measures are the following [3] : To maintain the youth in a structured environment to maintain his health and attend appointments from any professionals. Youth to receive a psychological assessment. [ 15 ] Given the whole evidence, the child’s needs, the consent of the mother to the measures, the Court concludes that the recommendations are in the interest of the child.

THEREFORE, THE COURT: [ 16 ] GRANTS the application; [ 17 ] REVISES the decision rendered on September 28 th , 2022; [ 18 ] DECLARES that the security and development of X, born on [...], 2006 are still endangered under

section 38 ( b ) (1) iii., 38 (2) and 38 (

c) of the Youth Protection Act ; [ 19 ] ORDERS that the youth be placed in a Rehabilitation Center, namely a Group Home for a period of six (6) months with integration in three (3) months under the parents’ care; [ 20 ] ORDERS that the parents collaborate with the Director of Youth Protection, meet with the worker upon request and inform the worker of any change of coordinates; [ 21 ] ORDERS the parents to attend and complete a treatment program for alcohol and drug abuse; [ 22 ] ORDERS the parents to seek services for their personal and marital issues; [ 23 ] ORDERS that the parents always be sober and nonviolent at any time in presence of the youth; [ 24 ] ORDERS the parents and the youth to attend appointments related to his medical situation and follow any recommendations made by the professionals; [ 25 ] ORDERS that the family engage in psychological services and grieving counselling and to provide proof to the Director of Youth Protection if it is already completed; [ 26 ] ORDERS that the frequency and modality of contacts between the youth and his parents be determined by the Director of Youth Protection;

[ 27 ] ORDERS that aid, counselling and assistance be provided to the youth and his parents; [ 28 ] AUTHORIZES the Director of Youth Protection to share and obtain information with the service providers working with the family; [ 29 ] The whole for a period of twelve (12) months, until January 12 th , 2024. [ 30 ] ENTRUSTS the situation of the youth to the Director of Youth Protection for the execution of the present order. ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection Father absent, not represented M e Marie-Josée Ayoub Attorney for the mother M e Yan Massé Advocate for the child Dates of hearing : January 12 th , 2023 Last exhibit: D-7