2019 QCCQ 11843, 2019 QCCQ 11843

Protection de la jeunesse — 191888 2019 QCCQ 11843 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 614-41-000279-184 DATE : February 14, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2002 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 February 14, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Lucille Beauchemin on February 22, 2018. [ 3 ] Today, the Director recommends that the adolescent remain entrusted to a rehabilitation centre for a period of six months and that support measures be ordered for a period of one year. [ 4 ] The parents and he adolescent are in agreement with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights?

Context and Analysis [ 6 ] The adolescent has continued to exhibit serious behavioural disturbances (not respecting rules and curfew, harming herself, assaulting a worker, consuming marijuana and speed on a regular basis, consuming alcohol, fighting with peers, skipping classes). [ 7 ] The adolescent also attempted to commit suicide on numerous occasions. [ 8 ] In her last judgment, Justice Beauchemin noted what was written in the Evaluation and Orientation Report: [11] […] Once [the adolescent] has the structure that she needs with the proper guidance, she will succeed in anything she sets out to do. [ 9 ] It took some time, but the adolescent’s situation stabilized.

[ 10 ] In September 2018, the adolescent’s behaviours improved gradually. She remained impulsive, impatient and had a difficult time controlling her anger. She became more mature and autonomous. She is now open to work on her own issues. [ 11 ] On January 30, 2019, the adolescent was admitted for a 16 weeks substance abuse treatment program at the A Centre. She reported to her attorney that she finds the program hard but she will do her best to stay strong.

Following this period, the adolescent will need a supportive and structured environment that will permit her to solidify her gains. [ 12 ] The parents have actively collaborated with the Director’s interventions.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application for revision; [ 14 ] DECLARES that the security or the development of the adolescent is still in danger; [ 15 ] REVISES the order rendered on February 22, 2018; [ 16 ] ORDERS that the adolescent be entrusted to a rehabilitation centre for a period of six months; [ 17 ] RECOMMENDS that the adolescent continue her treatment program at [A Center]; [ 18 ] ORDERS that the adolescent stop abusing alcohol and drugs; [ 19 ] ORDERS that the contacts between the adolescent and her parents be determined by the Director of Youth Protection with regards to the terms of the youth treatment centre; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 21 ] THE WHOLE for a period of one year; [ 22 ] 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.

Written and signed on February 25, 2019 /cd Mtre Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the adolescent Mtre Marie-Josée Ayoub Counsel for the parents Date of hearing: February 14, 2019