2023 QCCQ 2348, 2023 QCCQ 2348

Protection de la jeunesse — 23653 2023 QCCQ 2348 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 760-41-006697-216 DATE: January 30, 2023 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on […], 2005 [1] Youth ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- A B (deceased) Parents JUDGMENT Article 95 (1) of the 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection applies for the revision and extension of a Court order rendered on January 18, 2022 in relation to the youth’s behavioural difficulties and educational neglect in his maternal environment.

By this order, the Court applies various measures of protection for one year, including his return to his family after a period in a rehabilitation center. [ 2 ] On September 30, 2022, the parties agree to an interim measure providing that the youth integrate a rehabilitation center to address his dependency issues. At the hearing on the applicable measures, the Director asks for a continuance in order to better evaluate their orientation, with the continuation of his placement. [ 3 ] The youth, stating his stability and sobriety, wishes to be entrusted to Ms. C until his majority.

The mother subscribes to her son’s position. [ 4 ] After evaluating the evidence, the Court endorses the youth’s position. Follow are the reasons justifying this decision. Analysis and decision [ 5 ] Following the last judgment, the youth returns to his mother’s care in February 2022. An educator offers services to support his reintegration. [ 6 ] Progressively and despite the services in place, his situation degenerates.

Namely, the parties recognize the following: • The family situation is unstable on many levels; • The mother is unable to maintain a structured nor consistent environment; • The relationship between the youth and his mother is strained; • The youth’s relapses as to his dependencies (alcohol, drugs); • The youth takes his medication inconsistently; • The youth fails to invest himself in the various services in place or suggested; • The youth shows increasing distress (suicidal ideations, self-harming behaviours, suicide attempts); • Despite a safety net being put in place, his difficulties intensify;

• On August 2, 2022, the youth is hospitalized after having ingested 20 Xanax pills; [ 7 ] On August 5, the Court renders a provisional order returning the youth to a rehabilitation center. He involves himself in the follow-ups and finds a better personal balance. He expresses a renewed interest in integrating a therapy for his addictions. [ 8 ] To this end, the parties agree that he integrate a youth treatment center in Saskatchewan as of October 2022 in order to address his substance use as well as his traumas and mental health.

The Court endorses this project in the interim judgment rendered in September in view of reviewing the youth’s situation after a few months. [ 9 ] The resource unfortunately closes before the youth can fully benefit from services. He then reintegrates a group home. [ 10 ] Although some issues remains, he has been able to maintain a sober and healthy lifestyle in the last months. He is assiduously involved in all his regular follow-ups (psychologist, addiction response worker, youth support worker and psychosocial worker).

He engages himself in working on an autonomy plan. [ 11 ] The parties share the objective that the youth be prepared for his autonomy, which is but a few months away. [ 12 ] Ms. C knows the youth and has the abilities to understand his challenges and support him in the next months. She is a known foster resource and as such, is able to cooperate with social services. Although she resides outside the youth’s region, his other services can be maintained virtually. [ 13 ] This is the best option for the youth.

Insecure before his imminent majority and the challenges ahead, this family environment offers him the best of both worlds – a comforting structure to help him maintain his stability while allowing him to explore his future.

FOR ALL THESE REASONS, THE COURT: [ 14 ] PARTIALLY GRANTS the application; [ 15 ] DECLARES that the security and the development of the youth are still in danger; [ 16 ] ENTRUSTS the youth to C; [ 17 ] ORDERS that the contacts between the youth and his mother be upon agreement between the parties; [ 18 ] ORDERS that the youth and his mother report periodically to the Director of Youth Protection on the measures that apply in their own regard to put an end at the situation in endangerment; [ 19 ] ORDERS that the youth and his mother take an active

part in the application of the measures ordered; [ 20 ] R ECOMMENDS that the youth pursue the services and follow-ups that are presently in place namely with his support worker, his addiction worker and a psychologist; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 22 ] ALL THESES MEASURES until the youth’s majority on [...], 2023. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Alexandre Germain Attorney for the Applicant Me Éric Besner Attorney for the mother Me Karine P. Poissant Attorney for the youth Dates of hearing: September 30, 2022 and January 30, 2023