2022 QCCQ 12462, 2022 QCCQ 12462

Protection de la jeunesse — 227415 2022 QCCQ 12462 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000903-221 DATE: November 23, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2008 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 38 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 9.2, 9.3 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 November 23, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Jean- François Noël on December 15, 2021. [ 3 ] Today, the Director recommends that the adolescent be placed in a foster family for a period of six months and that support measures be ordered for a period of one year. [ 4 ] The mother agrees with the Director’s plan. [ 5 ] The adolescent’s first choice would have been to return to his mother’s care immediately.

Although, considering the mother’s position, he agrees with the recommendations. Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? Context and analysis [ 7 ] While the adolescent was placed in the rehabilitation centre, his behaviours greatly improved. He followed the program and the structure of the centre. He attended school on a regular basis. [ 8 ] In June 2022, the adolescent ran away twice from the centre. [ 9 ] A return to the adolescent’s maternal grandparents has not been possible.

They are elderly and unable to provide the necessary structure. The grandmother reported that they would not be able to care for him at this time. [ 10 ] The father’s situation remained essentially the same. He has no stable residence. For some time, the mother resided at the

maternal grandparents’ house and with her boyfriend’s nephew. The parents still struggle with alcohol and drug consumption issues. [ 11 ] The mother attended a drug and alcohol treatment program in Town A from October 10 to November 10, 2022. She will also receive support from the worker [of the organism A]. The father has not sought any formal steps to address his issues. He as not collaborated with the Director. [ 12 ] The adolescent made significant gains.

He can function in an environment with less structure than a rehabilitation centre. [ 13 ] On September 22, 2022, the Tribunal ordered the placement, on a provisional basis, of the adolescent in a foster family. [ 14 ] Since his placement in his foster family, the adolescent has continued to respect the rules and expectations of the house. On occasions, the foster family reported that the adolescent came home under the influence of marijuana.

At this time, it is not clear if this foster family will continue to care for the adolescent for a long period. [ 15 ] The Director will need to support the foster family to ensure that the adolescent can be maintained in this safe, stable, and structured environment.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for revision; [ 17 ] DECLARES that the security or the development of the adolescent is still endangered; [ 18 ] REVISES the order rendered on December 15, 2021 by the Honourable Jean-François Noël; [ 19 ] ORDERS that the adolescent be placed in a foster family for six months; [ 20 ] ORDERS that the adolescent attend school regularly, any absence is to be justified; [ 21 ] RECOMMENDS that the adolescent receive services for drug and alcohol abuse; [ 22 ] AUTHORIZES the Director of Youth Protection to release and obtain information concerning the services that the adolescent and his parents are involved with regards to attendance and progress; [ 23 ] ORDERS that the frequency and modalities of contacts between the adolescent and his parents be determined by the Director of Youth Protection; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 25 ] THE WHOLE for a period of one year; [ 26 ] 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 January 6, 2023 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Marie-Josée Ayoub Counsel for the adolescent Mtre Justine Bergeron Counsel for the mother Date of hearing: November 23, 2022