2021 QCCQ 12976, 2021 QCCQ 12976

Protection de la jeunesse — 217202 2021 QCCQ 12976 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 640-41-001542-122 DATE: September 27, 2021 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Youth Protection Worker, duly authorized by the Director of Youth Protection A Applicant And X, born on [...], 2004 Teenager And A Mother And B Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act, ch.

P-34.1 CQLR ) ______________________________________________________________________ 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 submits an application asking the Court to extend the placement of X in a rehabilitation centre until she reaches the age of majority. [ 2 ] At the hearing, the father is present and represented by Mtre.

Marie-Michelle Grenier. The mother is neither present nor represented by a lawyer. [ 3 ] X refuses to come to court and refuses to speak with her lawyer. She is 17 years old.

The file is ongoing since 2012, so she knows pretty well what court hearings are for and she decided to withdraw from the process. [ 4 ] The Court decided to proceed in her absence. [ 5 ] The revision report is filed as evidence and the father admitted some of the allegations of the application. [ 6 ] The Court has preponderant evidence of the following facts: • The youth remained at the rehabilitation centre where she continues to display problematic behaviours. She leaves the rehabilitation centre without authorization, not informing of her whereabouts.

It also happened that she came back highly intoxicated; • She can be aggressive towards others; • She is very resistant to seek help for her personal issues, so it is impossible to contemplate her entrustment to a less structured environment than a rehabilitation centre; • She was present when one of her siblings stabbed an elder, but her involvement is still unknown; • Last August, for a period of 2 weeks, the parents and X participated in a land healing program; • After that program, the father requested to have the visit of the youth, but wasn’t able to provide the Worker with a plan where the youth would be staying so the access was denied; • As for the mother, she has no stable place where to live, moving between [Community A] and [Town A], from woman shelters and friends’ homes;

• She still struggles with alcohol consumption. [ 7 ] With this evidence, there is no other choice but to extend the placement of the teenager in a rehabilitation centre where she has lived since December 2018. This is a long stay in rehabilitation services and the improvements are still to come.

FOR THESE MOTIVES, THE COURT: [ 8 ] GRANTS the application; [ 9 ] DECLARES that the security and development of X, born on [...], 2004, are still endangered; [ 10 ] ORDERS the placement of the youth in a rehabilitation centre until she reaches the age of majority; [ 11 ] ORDERS that access rights between the teenager and the parents be supervised by the Director of Youth Protection as for the frequency, the modalities and the supervision of third party if deemed necessary. [ 12 ] ORDERS the parents to be and remain sober at all times when in presence of the teenager; [ 13 ] ORDERS the parents not to put the youth in presence of people who are under the influence of intoxicating substances; [ 14 ] ORDERS that the youth continue to receive counselling and to attend all scheduled appointments; [ 15 ] ORDERS that the youth attend school or another place of learning or participate in programs geared to develop skills and autonomy or that she find and keep a job; [ 16 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family; [ 17 ] ORDERS that aid, counselling and assistance be provided to the family until [...], 2022; [ 18 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 19 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Magdalena Lempicka Ferreira Lempicka Attorneys Lawyer for the applicant Mtre. Marie-Michelle Grenier André Levasseur Avocats Lawyer for the father Date of hearing: September 27, 2021