2014 QCCQ 18388, 2014 QCCQ 18388

Protection de la jeunesse — 146394 2014 QCCQ 18388 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001635-132 DATE: October 28, 2014 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 1997 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A , residing and domiciled in Town A, district A Mother and B , residing and domiciled in Town A, district A Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 applicant asks the Court to review a decision rendered on January 30, 2014. On that date justice Lucille Chabot declared the security or development of the youth endangered pursuant to the law. The youth was entrusted to a rehabilitation center for a period of six months with a reintegration with the mother if the situation allowed it.

Different other orders were rendered in connection with the youth's health problems. [ 2 ] If the Court concludes that the youth’s safety is still endangered, the applicant recommends as one of the measures that she be placed in a rehabilitation center until she reaches the age of majority (on [...], 2015). [ 3 ] The father is absent. He was served upon on October 3, 2014. He works out of the community. [ 4 ] The youth and the mother are present and represented by their lawyers. The mother admits all the allegations and agrees with the measures recommended by the DYP. [ 5 ] The youth admits most of allegations.

As for the measures she would like to go back home even if she feels safe at the rehabilitation center and knows that this place is better for her. Also she is very concerned about what will happen to her when she will be 18 years old. [ 6 ] The Court considers the following facts as proven by preponderant evidence. THE FACTS [ 7 ] The youth is 17 years old. She was diagnosed with schizophrenia and a new medication was introduced. As some of the medication could have a negative effect, a close supervision for its administration was necessary. [ 8 ] The youth is adjusting well while in the rehabilitation center.

Since January she had a one on one worker. [ 9 ] The youth has four workers who rotate shifts working seven days a week from 7 am to 3 pm and 3 pm to 10 pm. She does not need a worker at night as she sleeps throughout the night. [ 10 ] Beside the above-mentioned services other ones are provided for this youth: • An occupational therapist helps the workers and the youth on daily living skills. • A psychologist follow-up. • Blood tests every Tuesday.

• A psychiatric follow-up at hospital A on March 31 to April 4, 2014 as an outpatient. • Attend school at the reception center since her placement. [ 11 ] The youth is doing very well while in the unit. She has a routine and takes her medication daily. She needs constant care and supervision regarding day-to-day living and medication. The staff ensures that the youth's needs are met. [ 12 ] The youth needs to lay off unhealthy food and drugs due to her medication intake and her susceptibility to type two diabetes. She is not allowed to eat junk food even if she wants to go to Tim Horton's all the time.

She tends to eat a lot and her needs are monitored. When the youth is with her mom she eats whatever she wants even if the mother is informed of the youth's condition. [ 13 ] The youth tends to get tired easily and understandably so with all the medication she is taking. She smokes four cigarettes a day. She said she would like to quit smoking. She recently made comments about smoking weed. [ 14 ] The father is not involved in the youth's life. [ 15 ] As for the mother the visits have been ongoing since the youth's placement. The mother visits her daughter every Wednesday and Sunday.

A visiting time was scheduled at the mother's every Friday from 3 pm to 7 pm. In the beginning a childcare worker was present to supervise, but now it's only the mother and daughter. The worked observed during those moments that the mother would hardly refuse anything to her daughter. [ 16 ] The mother lives at her mother's place. She had no separate bedroom to receive her daughter. She admits that her daughter is safer at the rehabilitation center.

The mother is afraid that the youth might fall back where she was before psychotic episodes. [ 17 ] The mother completed a five-week alcohol treatment program and still remains sober. She is currently unemployed, but is looking for a job. Her two other children stay with their father who has legal custody.

The mother exercises visitation rights. [ 18 ] The DYP is opened about visitation rights for the youth with her mother during weekends. [ 19 ] The DYP's plan is to stabilize the youth for her return in Town A, to create and stabilize her routine as for medical needs, to slowly reduce the structure around her and to evaluate the possibility to have her evolve in her natural environment with the support of the services involved. [ 20 ] The DYP is already working to prepare the youth for the moment she will reach her majority. [ 21 ] It appears that the mother does not always write the truth on the home leave contract because she is afraid of the youth.

DECISION [ 22 ] The youth receives many services to help her improve her situation. The DYP already prepares the moment she will reach her majority. [ 23 ] The evidence is preponderant that the mother who loves her daughter very much is not able to receive her daughter at home. [ 24 ] Considering the admissions and the evidence as a whole, the Court concludes that the youth's security or development is still compromised according to the law. The measures recommended by the applicant are reasonable, appropriate and in the youth's best interest.

For these reasons, the Court: [ 25 ] GRANTS the motion; [ 26 ] MAINTAINS that the security or development of the youth is still compromised according to the law; [ 27 ] ORDERS the placement of the youth until majority ([...], 2015) in a reception centre; [ 28 ] All the others measures are also until [...], 2015; [ 29 ] ORDERS the DYP to provide to X any help and social services needed, including a psychiatric follow-up if needed because of her situation; [ 30 ] ORDERS that aid, counsel and assistances be provided to the youth and her mother; [ 31 ] RECOMMENDS that a social follow-up be available for the father if he expressly requests such services; [ 32 ] AUTHORIZES all the professionals working in X’s file to share any relevant information with the DYP as for the evolution of their respective clients; [ 33 ] PROHIBITS X from any alcohol or drugs consumption except in accordance with a valid medical prescription; [ 34 ] ORDERS the DYP to encourage visits between X and her siblings and also X with her mother; [ 35 ] ORDERS that visits between the mother and the youth be supervised by the DYP as for frequency and modalities; [ 36 ] ORDERS that the contacts between the father and the youth be supervised by the DYP as for frequency and modalities;

[ 37 ] TAKES JUDICIAL NOTICE that there will be a one-on-one educator working with X during her placement in a reception centre; [ 38 ] ORDERS that the reception centre and the DYP take all the necessary measures to avoid any runaway from the reception centre; [ 39 ] ORDERS that the mother continues with aftercare program with the [centre A] worker; [ 40 ] ORDERS the police to collaborate in the execution of these orders; [ 41 ] ENTRUSTS the situation of the youth to the Director of Youth Protection for the purpose of executing these orders. __________________________________ Josée Bélanger, J.C.Q.

M e Gabriel Gaudreault Arpin, Gaudreault, Avocats Lawyer for the DYP M e Myriam Gaudreault Lawyer for the youth M e Clara Lafrance-Egervari Lawyer for the mother Date of hearing: October 14, 2014