2023 QCCQ 9644, 2023 QCCQ 9644

Protection de la jeunesse — 234403 2023 QCCQ 9644 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 550-41-005061-237 DATE: August 21 st , 2023 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X , born on […], 2008 Adolescent and A ( deceased ) B Parents and C Tutor ______________________________________________________________________ JUDGMENT (sections 38 and 75, Youth Protection Act ) ______________________________________________________________________ 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 Director of Youth Protection (the Director) asks the Court to declare that the safety or the development of X, aged 14, is endangered because of a situation of serious behavioral disturbance.

In terms of measures, the Director recommends that he be entrusted to a rehabilitation centre for a period of four months, along with various additional protection measures for a period of nine months. [ 2 ] The adolescent admits the motive alleged by the Director and recognises that the psychosocial report prepared offers an adequate picture of the situation.

He agrees with the recommended measures. [ 3 ] The tutor also agrees with the motion and the Director’s recommendations, although she clarifies that her intention has always been for the adolescent to be eventually returned under her care. [ 4 ] The mother passed away last year of a drug overdose. As to the father, he is currently detained in a federal facility and hasn’t been involved with his son since his birth. ANALYSIS [ 5 ] The adolescent has been entrusted to his maternal grandmother since his early age.

The Director’s file was closed in 2019 following a Court decision granting tutorship to the maternal grandmother. [ 6 ] The Director is called to intervene again in the spring of 2023 following two reports of serious behavioral disturbance, whereby the adolescent was hospitalized twice in the span of one month because of drug overdoses. In addition to his drug consumption, the

adolescent’s school attendance is also a cause for concern. [ 7 ] On June 22 nd , 2023, this Court ordered that the adolescent be entrusted to a rehabilitation centre during the proceedings.

While the adolescent’s situation is now more stable, further rehabilitation work is required to help him recognise the impact of his drug consumption and learn to better express his emotions. [ 8 ] All agree with the proposed way forward to put an end to this situation. [ 9 ] THEREFORE THE COURT : [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and the development of the adolescent are endangered because of serious behavioral disturbance; [ 12 ] ORDERS the implementation of the following protection measures:

a) That the adolescent be entrusted to a rehabilitation centre for a period of four months;

b) That the adolescent attend school on a regular basis;

c) That contacts between the adolescent and his tutor be determined by agreement between the parties;

d) That the adolescent and the tutor actively participate in the elaboration and implementation of the intervention plan, and that they report regularly to the social practitioner on the evolution of the situation;

e) That a person authorised by the Director of Youth Protection A provide aid, counsel and assistance to the adolescent and his family for a period of nine months; [ 13 ] RECOMMENDS:

a) That the adolescent’s drug consumption be assessed, and that he follow the recommendations of the professionals;

b) That the adolescent and the tutor receive services to help them greive for the mother’s passing;

c) That the tutor participate in a follow-up to help her understand the adolescent’s drug consumption issues and that she follow the recommendations of the professionals; [ 14 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. M e Sophie Cadieux Counsel for the Director of Youth Protection M e André Nault Counsel for the adolescent C Tutor – acting personally B Father – absent from the hearing Date of hearing: August 21 st , 2023