2017 QCCQ 13725, 2017 QCCQ 13725

Protection de la jeunesse — 176089 2017 QCCQ 13725 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] CREE VILLAGE OF [...] Youth Division No. 614-41-000161-168 DATE: September 14, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2000 [SOCIAL WORKER 1] , youth protection worker duly authorized by the [Director of Youth protection A], working in City A, District A Applicant and A , residing and domiciled in City A, District A Mother and B , residing and domiciled in City B, District A Father ______________________________________________________________________ JUDGMENT (sections 95 (1st para.) and 75 of the Youth Protection Act , CQLR, 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 guilty of 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 has filed an application for the review and extension of a judgment rendered on December 6, 2016 by the Honourable Denyse Leduc J., entrusting the adolescent to the reception centre until June 23, 2017. [ 2 ] The Court considers there is a preponderance of evidence that: − The adolescent ran away from the reception centre on a few occasions.

On one occasion, she hitchhiked to City A, where she was found at her boyfriend’s house; − On June 14, 2017, she was caught sniffing propane; − The adolescent did not respect the authority of her mother when she was on home leave in City A. [ 3 ] The adolescent and her father admit the allegations in the application but disagree with the recommendation to extend the period of placement in a reception centre until her departure for an alcohol and drugs abuse treatment program.

They ask that she be entrusted to the care of her father, during which time, the adolescent agrees to respect the conditions imposed by the Court. [ 4 ] The evidence shows that when the adolescent visited her father on two different occasions for one week or more, no incidents were reported and she respected the authority of the father. [ 5 ] In the last order, Judge Denyse Leduc mentioned the fact that the father has more authority on her than the mother. [ 6 ] A psychological report prepared by Pierre Barrette, and filed as evidence in this case, shows that X usually accepts authority and social standards.

For the psychologist, she is not overly impulse except under stress. In fact, the assessment brought to light a high level of anxiety with panic attacks. The assessment was done in January and her situation has improved since then. [ 7 ] The psychologist recommended a psychiatric referral to evaluate the necessity of medication for anxiety and possible psychotic symptoms. [ 8 ] Despite that January 2017 recommendation, the adolescent has not received psychological follow-up or seen a psychiatrist to be assessed.

[ 9 ] The Court strongly believes that those services are required, particularly the psychiatric referral to assess her level of anxiety and prescribe medication, if needed. Mr. Barrette, in his report, mentioned that her anxiety can interfere with her ability to learn and can contribute to maladaptive behaviour. [ 10 ] The adolescent will turn 18 in 8 months. She is willing to attend a treatment program that will be available in a few weeks. Her father wishes to have her under his care until her departure.

The adolescent asks to live with him before beginning her program, and agrees to abide by the conditions imposed by the Court. [ 11 ] Willingness and involvement are important components of the healing process.

In the Court's opinion, given the time left in the rehabilitation process before her majority, it would be more productive to have her adhere voluntarily instead of having her placed for a few weeks before her departure for treatment. [ 12 ] The Court is of the opinion that a preponderance of evidence shows that the adolescent can be entrusted to her father if she respects the following conditions: − She is prohibited from consuming alcohol or using drugs that are not medically prescribed; − She must abide by the curfew set by the father together with the Director of Youth Protection; − She must respect the rules and authority of the father; − She must complete the form for admittance to the alcohol and drugs addiction treatment centre; − She must attend the treatment centre and complete the program.

FOR THESE REASONS, THE COURT: [ 13 ] ALLOWS the application; [ 14 ] REVISES the decision rendered on December 6, 2016; [ 15 ] DECLARES that the security and development of X, born on [...], 2000, are still in danger; [ 16 ] ENTRUSTS X to her father, B, and sets the following conditions: − X is prohibited from consuming alcohol or using drugs that are not medically prescribed; − X must abide by the curfew set by the father together with the Director of Youth Protection; − X must respect the rules and authority of the father; − X must complete the form for admittance to the alcohol and drugs addiction treatment centre; − X must attend the treatment centre and complete the program. [ 17 ] ORDERS that the father periodically report to the Director of Youth Protection on X's compliance with the conditions imposed by the Court; [ 18 ] ORDERS that X receive all medical services required in her situation, including a psychiatric assessment, and that she follow the recommendations made; [ 19 ] ORDERS that X receive psychological follow-up; [ 20 ] ORDERS that X continue her schooling, after the treatment period; [ 21 ] RECOMMENDS that the mother address her alcohol issue; [ 22 ] ORDERS that contact between X and her mother be supervised by the Director of Youth Protection with respect to frequency, terms and supervision by a third party; [ 23 ] ORDERS that X and her parents cooperate with the Director of Youth Protection and meet with the youth protection worker upon request; [ 24 ] ORDERS that aid, counselling and assistance be provided to X and her family until [...], 2018; [ 25 ] ACKNOWLEDGES the consent given by X and her father to the Director of Youth Protection to obtain and share information with all the service providers working with the family; [ 26 ] ENTRUSTS X's situation to the Director of Youth Protection, who will see that the measures are carried out. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Marie-Josée Ayoub Counsel for the child Mtre. Camille Champeval Counsel for the applicant Mtre. Michel Grenier Counsel for the mother Mr. B Representing himself Date of hearing: August 15, 2017