2021 QCCQ 15272, 2021 QCCQ 15272

Protection de la jeunesse — 218768 2021 QCCQ 15272 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000883-188 DATE: September 21, 2021 (written judgment rendered on November 26, 2021) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2004 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother and B, deceased Father ______________________________________________________________________ JUDGMENT (Section 95 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to prolong a decision rendered on May 6, 2021, regarding the adolescent X, born on [...], 2004. At that date the Court declared the security and development still endangered and entrusted the adolescent to a foster family, namely to Ms. C, until June 11, 2022. [ 2 ] The DYP submits that the situation does not allow to return the youth to his mother and asks that he be entrusted to a rehabilitation centre, for a period of 4 months.

Position of the Parties [ 3 ] Despite being dully served, the mother is absent and not represented. The Court proceeds in her absence [ 4 ] The youth is 17 years old. He is absent, but represented by Me Kelly Ann Sinnett. He recognizes that his security and development are still endangered and he agrees with the measures. History of the Situation [ 5 ] On June 27, 2018 , the Court entrusted the youth to a foster family as provisional measures. [ 6 ] On August 21, 2018 , the Court was seized with an application for protection. The adolescent was 14 years old.

The evidence showed that the family was known from the DYP since 2012. Different voluntary measures were signed due to the mother’s alcohol consumption issues and aggressiveness towards her children. In June 2018, she had an ATV accident and was medevacked to Montreal due to the seriousness of her injuries. The medical staff cannot confirm if she will survive. The adolescent lived full-time at his sister’s place. He did not attend school, and the mother did not support her daughter for taking care of her son.

He would suffer from PTSD following his father’s suicide, but the mother neglect to address it through a psychological or the Social Services follow-up. The Court declared that the security and development of the youth were endangered [1] and entrusted him to his sister with the services of an external educator, if the school attendance continued to remain an issue, the whole until March 31, 2019. [ 7 ] On March 20, 2019 , the Court revised the situation. X remained entrusted to his sister, but moved to Town A at a friend’s place to attend the hockey-school program.

The mother continued to struggle with her issues during the measures, but recently started to take serious steps to improve her situation and to collaborate with the DYP. The Court maintained the youth to a foster family and took judicial notice that the youth was entrusted to his older sister, the whole until December 31, 2019. [ 8 ] On December 11, 2019 , the evidence showed that X remained with his sister. She made great effort to maintain his motivation to go to school. She registered him at school down South for him to continue playing hockey. The mother completed Treatment Program A.

X would like to continue living with his sister. The mother respects his choice. The Court entrusted the youth under his sister’s care

until August 31, 2020. [ 9 ] On September 29, 2020 , the evidence showed that X continue to attend the hockey-school program in Town B while remaining under his sister’s care. Unfortunately, the mother neglect to sign the required document for him to participate in a tournament in February 2020 in the United States. Due to his incapacity to attend such tournament, his motivation decrease and the relation with his mother became more strained. He does not visit her and only has contacts through social media. He will continue his schooling in Town C.

The mother relapsed on her alcohol consumption, but refused to be transparent with the DYP on this topic. As before, the mother was not collaborative at the beginning of the measures, but started to do better more the court date was coming. She wants her son back at home. The maximum period of placement was reached, but the adolescent said not being able to project himself in the future. Doing so, the Court concluded that a long-term measure would not be in his best interest.

The Court maintained him under his sister’s care until May 31, 2021, and withdrawn the attributes of parental authority from the mother and granted it to the foster mother. [ 10 ] On May 6, 2021 , the evidence showed that X remained as ordered under his sister’s care. He had some behavioural issues during a certain period of time (not respecting the rules, intoxicated in a public place and arrested), but he improved his situation. He found a job. The relation with his mother did not improve. The mother collaborates well with the DYP and she continues to have ups and downs with her alcohol consumption.

The Court entrusted the adolescent under his sister’s care until he reaches his majority and granted the attributes of parental authority to his sister. [ 11 ] On May 27, 2021 , the Court entrusted the adolescent to his mother on provisional measures. On August 6, 2021 , the Court entrusted him to a rehabilitation centre, still on provisional measures. Facts and Analysis [ 12 ] The DYP alleged that since December 2020, the foster mother reported that the youth had some behavioural issues and that the relation with him was more and more difficult.

He was consuming alcohol and drugs, staying out late hanging with his friends, he was not attending school and he had stopped going to his part-time job. In January 2021, he was arrested by the police and his sister was reluctant to keep him. All those events happened before the Court was seized with an application requesting a long-term placement. [ 13 ] After that, he improved his behaviour, he started working full-time and his sister had no more concerns and agreed to keep him. [ 14 ] Unfortunately, on May 19, 2021, X punched his foster-mother many times while being intoxicated.

She asked the DYP to entrust him somewhere else, and she asked for a prohibition of contact. After staying one night at the police station to sober up, the youth was released and her mother agreed to care for him. [ 15 ] X refuses to speak with the DYP worker. The mother is collaborative, but she is unable to make him speak with the worker. The mother is still working at school.

She took serious steps to maintain her sobriety, and despite some relapses she had been able to prevent her children to be in contact with her episodes of consumption. [ 16 ] During the period, X was at his mother’s place, they were able to improve their relationship, but work still has to be done regarding their communication. The mother does not impose any structure to him. Probably due to this absence of structure, the situation of the adolescent degenerated to the point that the police intervention was required a few times between May and beginning of August 2021.

Those different events bring the DYP to request that the youth be entrusted to a rehabilitation centre. [ 17 ] X collaborated well during his transfer to the rehabilitation centre and since he is there he complies well with the rules. He understands that he had to behave adequately and to come back on the right path, and he progressively gains confidence towards the educator and starts to open up more. [ 18 ] Considering the recent event and the recognizance of the youth, the Court concludes that his situation obviously remain endangered and that he need rehabilitation services.

FOR THOSE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of the adolescent X, born on [...], 2004, are still endangered; [ 21 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre, for a period of 4 months; [ 22 ] ORDERS that the youth be reintegrated under his mother’s care after the 4-month placement; [ 23 ] ORDERS that the modalities, frequency and degree of supervision of the contacts between the youth and the mother be determined by the Director of Youth Protection; [ 24 ] ORDERS that the youth and the mother take an active

part in the application of the measures ordered by the Court; [ 25 ] ORDERS that the youth and the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 26 ] ORDERS that the youth and the mother receive the services of an external educator for the period deemed necessary by the professionals; [ 27 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the youth and his family;

[ 28 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 29 ] THE WHOLE until June 11, 2022. __________________________________ PEGGY WAROLIN , J.C.Q. Me Geneviève Apollon, attorney for the Director of Youth Protection Me Kelly Ann Sinnett, attorney for the child Date of hearing: September 21, 2021