2022 QCCQ 12422, 2022 QCCQ 12422

Protection de la jeunesse — 227375 2022 QCCQ 12422 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000503-195 DATE: November 23, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2006 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 95 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 Lucille Chabot on September 10, 2021. [ 3 ] Today, the Director recommends that the adolescent be placed in a rehabilitation centre for a period of nine months and that support measures be ordered for a period of one year. [ 4 ] The father and the adolescent agreed with the Director’s plan. [ 5 ] After having heard their positions, the mother also agreed with the recommendations.

Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and analysis [ 7 ] Following the judgment of September 2021, Y and Z were reunited with their sister X in the foster family of their maternal aunt, Ms. C, in Town A. [ 8 ] X’s behaviours deteriorated. She was not always respecting the foster mother’s authority, not doing her chores, not respecting her curfew, sometimes consuming alcohol to the point of intoxication. The adolescent agreed to take

part in treatment for her alcohol issues. [ 9 ] On September 17, 2022, Z and X sneaked out of the home to go consume alcohol. Immediate protective measures were invoked, and they were entrusted to an emergency foster family.

[ 10 ] Following a two-week respite period, it was convened by the foster family and X that she could not return to the foster home. [ 11 ] On October 19, 2022, the Tribunal ordered, on a provisional basis, that X be entrusted to a rehabilitation centre. On November 2, 2022, X ran away from the centre. [ 12 ] Following an incident of conjugal violence, the parents separated. The father is facing criminal charges linked with this incident. [ 13 ] The father has been actively collaborating with the Director. Since May 18, 2022, the father has been actively participating in a treatment at [organism A] in Town B.

His program was completed on November 18, 2022. Within this program, the father also participated in anger management and received psychological support. He maintained regular Facetime contacts with the adolescent. [ 14 ] The mother’s collaboration with the Director is minimal. She has yet to take any formal steps to address her issues. She has registered herself to three rehabilitation centres (A, B and C). For some times, she did not have a stable residence. Since October 2022, she’s been residing with the grandparents.

She did not maintain regular contacts with the adolescent. [ 15 ] Even though a permanent plan was put in place for the adolescent, her long-term placement fell apart. More time is needed to stabilize the adolescent’s situation and to reassess a potential new long-term plan. [ 16 ] The Tribunal recognizes that the father is presently taking steps to address his personal issues and stabilize his situation. He completed a rehabilitation program and plans to attend AA meetings and see a psychologist. Although, it is too early to foresee if he will be able to care for his daughter in the future.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application for revision; [ 18 ] DECLARES that the security or the development of the adolescent is still endangered; [ 19 ] REVISES the order rendered on September 10, 2021 by the Honourable Lucille Chabot; [ 20 ] ORDERS that the adolescent be entrusted to a rehabilitation center for a period of nine months; [ 21 ] ORDERS that the adolescent attend school regularly; [ 22 ] RECOMMENDS that the adolescent complete an alcohol treatment program and follow all recommendations given to maintain her sobriety; [ 23 ] RECOMMENDS that the adolescent receive counseling and attend all appointment scheduled; [ 24 ] ORDERS that the parents ensure that the adolescent is not exposed to any form of violence and/or persons under the influence of alcohol during the visits; [ 25 ] RECOMMENDS that the parents take active steps and complete a treatment program; [ 26 ] RECOMMENDS that the parents receive after care to maintain their sobriety; [ 27 ] ORDERS that the frequency and modality of contacts between the adolescent and her parents be determined by the Director of Youth Protection , with a third-party supervision if required; [ 28 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family regarding attendance and progress; [ 29 ] ORDERS that any peace officer collaborate if requested to do so by the Director of Youth Protection ; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 31 ] THE WHOLE for a period of one year; [ 32 ] 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 Yan Massé Counsel for the adolescent

Mtre Marie-Josée Ayoub Counsel for the mother Mtre Justine Bergeron Counsel for the father Date of hearing: November 23, 2022