2019 QCCQ 11249, 2019 QCCQ 11249

Protection de la jeunesse — 192040 2019 QCCQ 11249 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 640-41-002132-170 DATE: February 27, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2001 Youth and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (Sections 95 (para. 1) and 75, Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the review of a decision under s. 95 of the Youth Protection Act , [1] rendered on November 22, 2018, by the Honourable Peggy Warolin, J.C.Q.

At that time, she declared that the security and development of X, born on [...], 2001, were still in danger and entrusted her to the mother. [ 2 ] At the hearing, the mother and the youth were present and assisted by their own counsel. The father was duly served on January 14, 2019, but was not present or represented. Position of the parties: [ 3 ] The applicant and the mother want the youth to be entrusted to a reception centre until October 31, 2019. [ 4 ] The youth would like to live with her maternal grandparents in Town A.

Facts: [ 5 ] X will turn 18 on [...], 2019. [ 6 ] The youth’s behaviour has deteriorated following the last Court hearing. [ 7 ] On December 4, 2018, Social Services had to intervene with the youth as she displayed suicidal ideations. [ 8 ] On December 7, 2018, the police, Youth Protection and Social Services had to intervene with the youth. [ 9 ] On December 13, 2018, the youth showed up at the police station as she was highly intoxicated and displayed suicidal ideations. [ 10 ] On December 19, 2018, the youth went to the police station as she was intoxicated and the police returned her to the mother’s house.

Later that same day, the mother went to the police station to report that the youth had gone out, still intoxicated, and that she was not cooperating. [ 11 ] On January 9, 2019, Youth Protection was informed that the youth was driving her four-wheeler highly intoxicated. During the

intervention, the youth said on several occasions that she wanted to kill herself. The youth was becoming aggressive towards the mother and was taken to the isolation room at the nursing station. [ 12 ] On January 12, 2019, the youth was entrusted to the A rehabilitation centre in Town B under immediate protective measures. [ 13 ] The mother is cooperating with Youth Protection, but is overwhelmed by the youth’s behaviour issues. [ 14 ] The maternal grandparents live in Town A and are ready to foster the youth.

Analysis: [ 15 ] The return to the mother’s home did not turn out the way Youth Protection had expected. She continued to display serious behavioural disturbances, abusive alcohol drinking and suicidal ideations. [ 16 ] Since January 12, 2019, she has been entrusted to the A rehabilitation centre in Town B. At the center, she does not open up to anybody and refuses to cooperate. [ 17 ] She has recently been assessed by a psychiatrist. X showed symptoms of depression and received medication and art therapy. [ 18 ] It is very difficult for X to be in Town B. She wants to be in her community A.

FOR THESE REASONS, THE COURT: [ 19 ] GRANTS this application; [ 20 ] REVIEWS the decision or order rendered on November 22, 2018; [ 21 ] DECLARES that the security and development of X, born on [...], 2001, are still in danger; [ 22 ] ORDERS that the youth be entrusted to a rehabilitation center chosen by the institution operating a child and youth protection centre; [ 23 ] ORDERS a reintegration with her maternal grandparents, if the situation allows; [ 24 ] AUTHORIZES visits to the maternal grandparents’ home; [ 25 ] ORDERS the youth and the parents to take an active

part in the application of any of the measures ordered by the Court; [ 26 ] ORDERS the youth and the parents to report in person, at regular intervals, to the Director to inform him of the current situation; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the youth and the youth’s family; [ 28 ] ORDERS the police cooperate to in the execution of this judgment; [ 29 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out.

THE WHOLE UNTIL [...], 2019. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Sarah Bourgeois-Lessard Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the youth Mtre Angèle Tommasel Counsel for the mother Date of hearing: February 27, 2019