2019 QCCQ 19755, 2019 QCCQ 19755

Protection de la jeunesse — 198150 2019 QCCQ 19755 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000966-199 DATE: September 24, 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 38 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 September 24, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent’s security or development is compromised as the adolescent displays serious behavioural disturbances and due to a serious risk of neglect. [ 3 ] On August 8, 2019, the Tribunal ordered that the adolescent remains entrusted to the mother’s care and that support measures be provided on a provisional basis. [ 4 ] Today, the Director recommends that the adolescent remains in the mother’s care and that support measures be provided to the family until March 20, 2020. [ 5 ] The mother and the adolescent are in agreement with the Director’s plan. [ 6 ] The adolescent’s father was absent, but duly notified.

Question in litigation [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights?

Context and Analysis [ 8 ] X has been exhibiting serious behavioural disturbances: displaying impulsive behaviour, not respecting authority, staying out late, consuming drugs and alcohol, displaying suicidal ideations, not attending school on a regular basis. [ 9 ] On December 12, 2018, the parties signed an Agreement on Voluntary Measure undertaking that the adolescent be entrusted to a rehabilitation centre, authorizing that she attends A Treatment Centre or any other treatment centre and providing support services to the family until July 31, 2019.

In this document, the parties recognized that the adolescent was exhibiting “ serious behavioural issues

such as drugs and alcohol consumption, intermittent suicidal ideations, risky behaviours and Mrs. A’s lack of full transparency with the [youth protection worker] ” [1] . The parties also recognized that “ the situation remains very fragile, especially since the mother has been minimizing her children’s difficulties. ” [2] [ 10 ] During the month of December 2018, the adolescent had to be hospitalized on three occasions, notably as she was feeling hopeless. [ 11 ] On December 19, 2018, the mother asked for the police intervention at the family residence.

C and D, the adolescent’s sisters, were fighting with each other. The adolescent was present during this altercation. [ 12 ] On December 26, 2018, the police had to intervene at the family residence. The adolescent was intoxicated and expressed suicidal ideations. [ 13 ] On January 4, 2019, the adolescent was placed at A Girls Unit. She only resided there for a few days before being reintegrated back to her mother’s care on January 11, 2019. [ 14 ] Even if she recognizes her drug and alcohol abuse, the adolescent has not taken any steps to attend a Treatment Rehabilitation Centre.

She does not consider that her consumption habits are problematic. [ 15 ] On April 17 and May 2, 2019, while intoxicated, the adolescent was assaulted by her sister C in the family home in presence of the mother. On April 17, the adolescent received a few punches from her sister. On May 2, the police reported that the mother was too tired to bring the adolescent to the hospital to treat her injuries. Ms. [social worker 1], Youth Protection worker, brought the adolescent to the hospital. [ 16 ] On July 18, 2019, the adolescent was victim of an assault from a female minor from Town A, Y.

She was pulled by the hair, pulled down 8 to 10 stairs and kicked in her genitals. At the time, the adolescent was intoxicated. [ 17 ] On July 19, 2019, police had to intervene as the adolescent was expressing suicidal ideations. During the intervention, she was heavily intoxicated. She was admitted to the hospital. [ 18 ] The adolescent collaborated minimally with the Youth Protection worker. At this point, she mentions being affected by the death of one of her friends. [ 19 ] The mother has taken on a full-time job at the hospital’s transit home. [ 20 ] The mother has continued to consume alcohol and drugs.

The adolescent confirms that the mother consumes alcohol, but mostly with friends, outside of the home. The mother did not take steps to stabilize her personal situation and her collaboration with the Director has fluctuated through time. At this point, the mother and the adolescent are no longer in agreement with the Voluntary Measures Agreement. [ 21 ] It has been difficult for the mother to provide a structured environment for the adolescent. [ 22 ] The mother is afraid that at some point her daughter could commit suicide. [ 23 ] X’s father is minimally involved in the adolescent’s situation.

They maintain contacts on an irregular basis. The Youth Protection worker was not able to contact him. THEREFORE AND FOR THESE REASONS, THE COURT: [ 24 ] GRANTS the application for protection; [ 25 ] DECLARES that the security or the development of the adolescent is endangered ( sections 38 b) 2 and 38

f) of the Youth Protection Act ); [ 26 ] ORDERS that the adolescent remains in her parents’ care; [ 27 ] RECOMMENDS that the adolescent attend A Treatment Center or any other treatment center; [ 28 ] ORDERS that the adolescent and the parents take an active

part in the applica-tion of the ordered measures and fully collaborate with the Director of Youth Protection; [ 29 ] ORDERS that the adolescent and the parents report in person, at regular interval to the Director of Youth Protection to inform him of their current situation; [ 30 ] ORDERS that the adolescent attend school or another place of learning or participate in a program geared to developing skills and autonomy; [ 31 ] RECOMMENDS that the adolescent seek help through the appropriate institution or service required by her situation, especially with regard to drugs and alcohol consumption; [ 32 ] ORDERS that the parents receive the services of an external educator for the period deemed necessary; [ 33 ] ORDERS that the parents remain sober in the presence of the adolescent;

[ 34 ] ORDERS that the parents refrain from engaging in any form of violence or aggression in the presence of the adolescent; [ 35 ] RECOMMENDS that the parents seek help through Social Services for their personal issues; [ 36 ] AUTHORIZES the Director of Youth Protection to access the information regarding the adolescent’s and the parents’ presence at appointments with professionals and their level of involvement with the services provided; [ 37 ] ORDERS that a person working for an institution or body provides aid, counsel and assistance to the adolescent and the parents; [ 38 ] THE WHOLE until March 20, 2020; [ 39 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Nada Boumeftha Counsel for the adolescent Mtre Angèle Tommasel Counsel for the mother Date of hearing: September 24, 2019