2019 QCCQ 19974, 2019 QCCQ 19974

Protection de la jeunesse — 198119 2019 QCCQ 19974 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 525-41-035172-196 DATE : August 16, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2004 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 August 16, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered on April 25, 2019. [ 3 ] On July 4, 2019, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 4 ] Today, the Director recommends that the adolescent remain placed in a rehabilitation centre and that diverse support measures be ordered for a period of twelve months. [ 5 ] The mother would prefer for the placement period to end in two months. [ 6 ] The father is agreeing with his daughter’s placement until Christmas. [ 7 ] The adolescent shares her father’s opinion.

All family members are in agreement with the other support measures. Questions in litigation [ 8 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? [ 9 ] What should be the duration of the placement period? Context and Analysis [ 10 ] From April 25 to June 30, 2019, the adolescent has remained placed at A Group Home.

She had a difficult time adjusting to the rules and expectations of the group home. [ 11 ] In the rehabilitation centre, the adolescent continued to exhibit serious behavioural difficulties (consuming marijuana, providing marijuana to other youths in the group home, not being accountable for her time in the community).

[ 12 ] On June 30, 2019, the adolescent returned to her parents’ care. Her situation immediately deteriorated. She did not respect her imposed curfew on June 29, June 30 and July 1, 2019. On the later date, she was picked up by the police in Town A. She was in the company of a 25 year old male, C; an individual well known to the police, with a lengthy criminal record. [ 13 ] On July 2, 2019, immediate protective measures were invoked and the adolescent was placed in a rehabilitation centre. [ 14 ] On July 4, 2019, the adolescent was placed at B group home in Town B.

She adjusted well to this environment. [ 15 ] On August 13, 2019, she was transferred to [C group home] as she needs to attend school in a French setting. [ 16 ] The adolescent was allowed to participate in a trip with her parents to Town C, for a wedding. The visit was described as positive. [ 17 ] The Youth Protection worker testifies that much work still needs to be done with the adolescent and the parents. At the same time, he mentions that there is no magical time frame.

The intensive support from the A Program will be offered to the parents and the adolescent. [ 18 ] The parents are worried about the adolescent’s behaviours. They were unable to have their daughter respect their rules and expectations. They still need to work on their communication and need to present a united front to their daughter. The adolescent is still driven by the search for immediate gratification. She minimizes the risks involved in her situation.

At this point, a period of rehabilitation is necessary for the adolescent. [ 19 ] The Tribunal considers that by the next Christmas period, we should know if the adolescent can be reintegrated or not in her parents’ care. The parents and the adolescent will have to work intensively with the Director if they want to be ready for such reintegration.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application for revision; [ 21 ] DECLARES that the security or the development of the adolescent is still in danger; [ 22 ] REVISES the order rendered on April 25, 2019; [ 23 ] ORDERS that the adolescent be entrusted to a rehabilitation centre until December 24, 2019; [ 24 ] ORDERS , effective December 24, 2019, that the adolescent be entrusted to the care of her parents; [ 25 ] ORDERS that the frequency and modalities of contacts between the adolescent and her parents be determined by the Director of Youth Protection; [ 26 ] ORDERS that the parents take steps to improve their parental capacity and report their progress to the Director of Youth Protection; [ 27 ] ORDERS that the parents, the Director of Youth Protection and the adolescent establish clear rules and expectations and that the adolescent follow the established rules and expectations; [ 28 ] RECOMMENDS that the adolescent take steps to address her personal issues regarding her substance abuse and risk of sexual exploitation and follow any ensuing recommendations made by the implicated professionals; [ 29 ] ORDERS that the adolescent not come into contact, directly or indirectly, with Mr.

C; [ 30 ] AUTHORIZES the Director to exchange pertinent information with treating professionals working with the family; [ 31 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family; [ 32 ] THE WHOLE for a period of twelve months; [ 33 ] 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 August 28, 2019 /cd Mtre Dominique Douglas Counsel for the Director of Youth Protection Mtre Marc Bissonnette Counsel for the adolescent Date of hearing: August 16, 2019