2020 QCCQ 5915, 2020 QCCQ 5915

Protection de la jeunesse — 203455 2020 QCCQ 5915 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-035951-193 DATE: June 5, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2005 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 June 5, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered on November 27, 2019. [ 3 ] Today, the Director recommends that the adolescent be entrusted to a rehabilitation centre for a period of six months and that diverse support measures be ordered for a period of one year. [ 4 ] The mother is in agreement with the Director’s plan. [ 5 ] The adolescent would prefer to return to his mother’s care sooner than later, but he decided not to present any evidence.

Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? Context and Analysis [ 7 ] In accordance with the court order, the adolescent remained in a rehabilitation centre until February 27, 2020, at which time he returned to his mother’s care. [ 8 ] In the rehabilitation centre setting, the adolescent has continued to present certain difficulties respecting authority. [ 9 ] The family received support from a Homeward Bound educator. Despite this support, the adolescent has not always respected his mother’s rules and expectations.

Despite the directives linked with the COVID-19 situation, he has continued to go out in the community without informing his mother of his whereabouts. [ 10 ] On April 8, 2020, the adolescent ran away from home when he was told that he would be placed in a rehabilitation centre. Around 10 p.m., the police located him.

Immediate protective measures were invoked and he was placed in a rehabilitation centre. [ 11 ] On April 14, 2020, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 12 ] The adolescent was placed at Town A for 14 days and was subsequently transferred to the [Unit A] in Town B. The adolescent

continues to struggle with the unit’s rules and expectations. Since his placement, the adolescent maintained telephone contacts with his parents. [ 13 ] At this point, it is clear that the adolescent still needs a period of rehabilitation. He needs to be able to respect all his mother’s rules before reintegrating her care. The mother is not yet ready to receive her son and ensure that her authority is respected.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application for revision; [ 15 ] DECLARES that the security or the development of the adolescent is still endangered; [ 16 ] REVISES and EXTENDS the order rendered on November 27, 2019; [ 17 ] ORDERS that the adolescent remain entrusted to a rehabilitation centre for a period of six months; [ 18 ] ORDERS that the frequency and modalities of contacts between the adolescent and his parents be determined upon agreement by all parties; [ 19 ] RECOMMENDS that the family complete the Family Ties Program, once available; [ 20 ] RECOMMENDS that the family participate in the Challenge Program, once available; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family including the services of an educator; [ 22 ] THE WHOLE for a period of one year; [ 23 ] 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 /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Younes Ameur Counsel for the adolescent Mtre Maïa Sureau Counsel for the mother Date of hearing: June 5, 2020