2020 QCCQ 12971, 2020 QCCQ 12971

Protection de la jeunesse — 202097 2020 QCCQ 12971 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” No: 635-41- 000345-105 DATE: January 27, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2003 adolescent and A (deceased) 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 January 27, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Peggy Warolin on January 16, 2019. [ 3 ] Today, the Director recommends that the adolescent remain in a rehabilitation centre and that diverse support measures be ordered until October 31, 2020. [ 4 ] The father wants his child with him as soon as possible. [ 5 ] The adolescent wishes to return living with his father or grandmother. [ 6 ] The father and the adolescent have not presented any evidence.

Questions in litigation [ 7 ] Is it possible to return the adolescent to his father or grandmother at this point? [ 8 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? Context and Analysis [ 9 ] While he was entrusted to a foster family, the adolescent has continued to exhibit certain problematic behaviours. He’s been absent from school without justification.

He had difficulty controlling impulsive behaviours, yelling and throwing objects when he gets mad, breaking a chair, a phone, a television, slamming doors, not respecting rules and expectations. [ 10 ] The adolescent declined, on three occasions, the opportunity to meet with a psychologist. He minimally collaborated with the

external educator assigned to support the family. [ 11 ] On June 21, 2019, the adolescent was escorted to the South to visit his grandmother. During that visit, the grandmother provided cannabis to the adolescent. [ 12 ] During the meetings with the Youth Protection worker, the adolescent also presented with an angry and aggressive attitude and behaviours. [ 13 ] On March 1, 2019, while heavily intoxicated, the father made threats towards Mr.

C with a pocketknife in his hands. [ 14 ] On April 4, 2019, the father presented himself to the Youth Protection office under the influence of alcohol. [ 15 ] The father was detained from July 2 to September 5, 2019 for breaking conditions of his conditional sentence. On September 7, 2019, he was arrested again for not respecting his conditions. He has been detained since. [ 16 ] On October 2, 2019, the adolescent expressed suicidal ideations. [ 17 ] On October 3, 2019, the adolescent was placed with Ms. D, his grandmother’s cousin.

On the same date, the father made threats towards the Youth Protection worker. [ 18 ] On October 16, 2019, immediate protective measures were invoked and the adolescent was placed in a group home. [ 19 ] On October 29, 2019, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation until December 10, 2019. [ 20 ] On December 10, 2019, the Tribunal postponed the hearing until January 27, 2020 and maintained provisional measures. [ 21 ] Since the December 10, 2019 Court hearing, the adolescent has been following the rules and expectations from the group home. [ 22 ] The adolescent does not attend school but he found two jobs.

Contrary to the Youth Protection worker’s beliefs, the adolescent is still of an age where school attendance is mandatory. He needs to be registered and attend school, at least until the end of the 2019- 2020 school year. [ 23 ] The father was released from the detention centre A on January 22, 2020. He currently lives with his brother in an environment that is not safe for the adolescent (alcohol and cannabis use, history of violence in home). The father plans to return working on the water trucks.

He is on a waiting list for housing. [ 24 ] The father has not yet taken steps to treat his addiction. [ 25 ] During her testimony, the Youth Protection worker clarified the father’s rules: • Obtain a safe housing; • Obtain employment / means of providing for the adolescent; • Be a positive role model for his son; • Receive services for his personal issues; • Avoid environment where violence occurs; • Collaborate with the Director. [ 26 ] In the past, the maternal grandmother did not collaborate with the Director’s services.

Trust needs to be rebuild before unsupervised visits are permitted. [ 27 ] The adolescent’s goals are clear: • Better control his anger; • Gain emotional regulation; • Have a better accountability for his actions; • Reduce his cannabis use; • Learn how to better respect rules. [ 28 ] At this point, the adolescent still benefits from the group home structure. THEREFORE AND FOR THESE REASONS, THE COURT: [ 29 ] GRANTS the application for revision and extension;

[ 30 ] DECLARES that the security or the development of the adolescent is still endangered; [ 31 ] REVISES and EXTENDS the order rendered on January 16, 2019; [ 32 ] ORDERS that the adolescent be entrusted to a rehabilitation center; [ 33 ] ORDERS that the adolescent and his father take an active

part in the application of any of the measures ordered by the Court; [ 34 ] ORDERS that the adolescent and his father report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 35 ] ORDERS that the adolescent receive the services of an external educator for the period deemed necessary by the professional; [ 36 ] ORDERS that the father remain sober in the presence of the adolescent; [ 37 ] RECOMMENDS that the father seek help through the social services or another resource deemed appropriate for his substances issues; [ 38 ] RECOMMENDS that the father addresses his personal issues through the resources available in his environment; [ 39 ] ORDERS that the contacts between the adolescent, his father and his maternal grandmother be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 40 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the father’s residence when the adolescent is present; [ 41 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 42 ] THE WHOLE until October 31, 2020; [ 43 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on February 13, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Isabelle Martineau Counsel for the adolescent Mtre Angele Tommasel Counsel for the father Date of hearing: January 27, 2020