2022 QCCQ 6383, 2022 QCCQ 6383

Protection de la jeunesse — 222278 2022 QCCQ 6383 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division No: 635-41-000946-191 DATE: April 21, 2022 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A Applicant and X, born on [...], 2007 Adolescent and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) submitted an application to the Court for the review and extension of the decision rendered on March 11, 2021, ordering that the adolescent be entrusted to a rehabilitation centre for one year. [ 2 ] The parents were present. The mother was represented by Mtre Ève Laoun and agrees with the Director’s recommendation.

Mtre Justine Bergeron, on behalf of the father, admits some of the facts and also agrees with the Director’s recommendations. [ 3 ] The adolescent, represented by Mtre Nada Boumeftah, expressed his desire to return to his parents as soon as possible. He consents to be entrusted to a rehabilitation centre until May 31, 2022, in accordance with the amended conclusions of the application. [ 4 ] The evidence revealed the following facts. On June 23, 2021, a psychological assessment was completed by Dr. Joseph Beltempo.

According to the psychologist, the adolescent has a tendency to deny and minimize his behavioural disturbances. He takes little responsibility and has poor insight. [ 5 ] Dr. Beltempo described the adolescent as “highly influenced by the environment and social context”.

He is able to perform well in a structured environment, like a rehabilitation centre, but when he is in his family environment, with a lack of guidelines and structure, he is not able to maintain his improvement. [ 6 ] Since the assessment, the adolescent has received a follow-up by a psychologist. [ 7 ] During the period of placement in a rehabilitation centre, the adolescent’s functioning was fluctuating.

The last observation report from the A Group Home mentioned the following conclusions and recommendations: CONCLUSIONS & RECOMMENDATIONS X has shown improvement regarding his attitudes, and he is more conscious of how his behaviors affect others, including how his drug consumption has impeded his return home. The fact that he recognizes his mother’s boyfriend’s alcohol consumption and see it is a problem is worth noticing that he is taking a genuine interest in the wellbeing of his family.

He has yet to address his drug misuse as he continued to use cannabis during the months of November and December 2021, However, he never had an opportunity to consume in January because he was in quarantine the first two weeks and afterwards, he was only allowed 15-minutes breaks due to Covid-19 red zone restrictions in Town A. X could still benefit from receiving counseling and drug education to know whom he could contact to obtain support in his community and to be conscious of his triggers to avoid relapse. He is not yet at the point of wanting to abstain from consuming cannabis for his

health and wellbeing, as his motivation is clearly only a means to return home. We feel that it would be in the best interest for X to begin his family reintegration while simultaneously participating (and pending) in meetings with a mental health clinician to receive drug counseling and education. [ 8 ] There is also some improvement regarding the mother’s cooperation. The pa-rents still have to work on their ability to provide their child with a structured environ-ment. In February 2022, the parents started to cooperate with an external educator.

They received some support to work on their issues but they had difficulty taking action. [ 9 ] For the adolescent to return to the care of his parents in May 2022, they will have to take steps to address their issues and participate actively in developing their parenting skills. The presence of an external educator near the family will help to implement structure and routine to adequately respond to the adolescent’s need.

THEREFORE, THE COURT: [ 10 ] GRANTS the application; [ 11 ] DECLARES that the security and development of X, born on [...], 2007, are still in danger; [ 12 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre until the end of the school year, no later than May 31, 2022; [ 13 ] ORDERS that the adolescent gradually return to the care of his parents as soon as the situation allows it; [ 14 ] ORDERS that the adolescent attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 15 ] ORDERS that the adolescent and the parents receive the services of an external educator for the period deemed necessary by the professionals in the event there is a gradual reintegration; [ 16 ] ORDERS that the adolescent and the parents take an active

part in the application of the measures ordered by the Court and fully cooperate with the Director of Youth Protection; [ 17 ] ORDERS that the adolescent and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 18 ] ORDERS that the parents remain sober in the presence of the adolescent; [ 19 ] ORDERS that the parents refrain from any kind of violence in the presence of the adolescent; [ 20 ] RECOMMENDS that the parents seek help through social services or another resource deemed appropriate concerning their substance abuse and personal issues such as parenting skills; [ 21 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ attendance at appointments with professionals and their level of involvement with the services provided; [ 22 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits to the parents’ residence when the adolescent is present; [ 23 ] ORDERS that a person working for an institution or body provide aid, counsel, or assistance to the adolescent and the adolescent’s family until February 28, 2023; [ 24 ] ORDERS the police to collaborate to execute this judgment; [ 25 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the A C.Y.P.C. for the purpose of executing this order; [ 26 ] THE WHOLE until February 28, 2023.

Signed in Town C on June 6, 2022 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Nada Boumeftah For the adolescent Mtre Geneviève Apollon For the applicant

Mtre Ève Laoun For the mother Mtre Justine Bergeron For the father Date of hearing: April 21, 2022