2019 QCCQ 14437, 2019 QCCQ 14437

Protection de la jeunesse — 194437 2019 QCCQ 14437 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No : 614-41-000414-195 DATE : April 17, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2001 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 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 April 17, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent exhibits serious behavioural disturbances. [ 3 ] Today, the Director recommends that the adolescent be entrusted to a rehabilitation centre and that support measures be ordered until his majority ([…], 2019). [ 4 ] The parents and the adolescent agree with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? Context and Analysis [ 6 ] The adolescent exhibits serious behavioural disturbances (not respecting his parents’ authority, being verbally aggressive towards his father, trashing his room, drinking alcohol on occasion, consuming marijuana on a daily basis, consuming speed once). The adolescent is not attending school and is not working. He spends most of his time sleeping or playing video games. [ 7 ] In January 2019, there was a big party, at his home, in the absence of his parents.

He drank alcohol. The adolescent denies that he is the one who initiated the party in the home. [ 8 ] The mother has a history of alcohol consumption. She reports not being ready to attend treatment at this point. [ 9 ] The father admits to using marijuana and cocaine when he is at a friend’s home. He recently started drinking alcohol again. He does not believe that treatment is necessary. [ 10 ] The parents are overwhelmed with the situation and are asking for the adolescent’s placement.

[ 11 ] On January 9, 2019 the adolescent was entrusted to a rehabilitation centre under a provisional agreement. He had difficulty adjusting to this structured environment. He becomes angry when his requests are denied. He struggled with routine and chores. With time, he adjusted to the rules and routine of the group home. He improved in controlling his temper. [ 12 ] On February 12, 2019, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre.

On March 28, 2019, the Tribunal maintained the status quo until April 17, 2019. [ 13 ] The adolescent reported that he is impacted by his parents arguing in front of him. At some point, he had suicidal ideations. He often accuses his parents of drinking alcohol and consuming drugs. [ 14 ] The parents reported that, on occasions, their son makes suicidal threats when he is angry. They mentioned that arguments between the adolescent and the father are mostly verbal.

They reported one incident when both of them got physical. [ 15 ] On April 23, 2018, the adolescent made threats to commit suicide and was brought to the clinic to be assessed. Following this episode, he was placed with his aunt C for one night. [ 16 ] On September 30, 2018, the adolescent was brought to the clinic as he made threats to cut his throat. He was transferred to Town A and went to reside with his grandfather. [ 17 ] On December 21, 2018, the adolescent made new suicidal remarks and had to be brought to the clinic. [ 18 ] The parents have not taken steps to stabilize their own personal situation.

The family situation remains unstable. [ 19 ] While in the group home, the adolescent has made some improvement with his behaviours. He needs to maintain his progress and continue to respect the group home rules and expectations. THEREFORE AND FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application for protection; [ 21 ] DECLARES that the security or the development of the adolescent is endangered (

section 38

f) of the Youth Protection Act ); [ 22 ] ORDERS that the adolescent be placed in a rehabilitation centre; [ 23 ] RECOMMENDS that the adolescent seek help for drug and alcohol use; [ 24 ] RECOMMENDS that the adolescent attend the Akwesasne treatment program; [ 25 ] RECOMMENDS that the adolescent receive counselling for anger management; [ 26 ] ORDERS that the parents and the adolescent fully collaborate with the Director, meet with the Youth Protection worker upon request and inform the worker of any changes within 24 hours; [ 27 ] ORDERS that the contacts between the adolescent and his parents be determined by the Director of Youth Protection with regards to frequency and modalities; [ 28 ] AUTHORIZES the Director to obtain information from all service providers working with the family with regards to frequency and attendance; [ 29 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 30 ] THE WHOLE until the adolescent’s age of majority; [ 31 ] 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 May 22, 2019 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the adolescent Mtre Michel Grenier Counsel for the mother Mtre Marie-Josée Ayoub Counsel for the father Date of hearing: April 17. 2019