2019 QCCQ 11835, 2019 QCCQ 11835

Protection de la jeunesse — 191880 2019 QCCQ 11835 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 614-41-000063-158 DATE : February 12, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2002 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 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 February 12, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the undersigned on October 10, 2018. [ 3 ] On January 21, 2019, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 4 ] Today, the Director recommends that the adolescent remain placed in a rehabilitation centre for a period of three months followed by a placement in a foster family.

The Director also recommends that support measures be ordered for a period of one year. [ 5 ] The parents are absent but represented. They agree with the Director’s plan. [ 6 ] The adolescent also consent to what is recommended by the Director. Question in litigation [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights?

Context and Analysis [ 8 ] While placed in the rehabilitation centre, the adolescent was absent from school on numerous occasions, without proper justification. [ 9 ] The adolescent’s former foster parents, C and D, who live in City A, were re-evaluated. Prior to the adolescent’s integration, they decided not to foster her. [ 10 ] On January 10, 2019, the adolescent was discharged from the rehabilitation centre and integrated the foster family of her paternal aunt. She was given permission to visit her parents.

[ 11 ] While visiting her parents on January 13, 2019, the adolescent consumed alcohol to the point of intoxication. She presented with suicidal ideations and was brought to the clinic. [ 12 ] Following her placement in a rehabilitation centre, the adolescent’s behaviour stabilized. She functions well in a structured environment. She made real efforts to follow the rules and expectations of the Youth Healing Services – rehabilitation centre in City B. She went to school every day.

At this point, she is not open to attend treatment. [ 13 ] The parents still need to work on their own issues (drug consumption) and on their parenting skills. [ 14 ] At this point, it would be premature to return the adolescent to her parents’ care or to a foster family. She still requires the structure that could be provided by the rehabilitation centre.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for revision; [ 16 ] DECLARES that the security or the development of the adolescent is still endangered; [ 17 ] REVISES the order rendered on October 10, 2018; [ 18 ] ENTRUSTS the adolescent to a rehabilitation centre for a period of three months and AUTHORIZES her progressive integration into a foster home; [ 19 ] ENTRUSTS the adolescent to a foster family, following May 12, 2019; [ 20 ] ORDERS that the adolescent refrain from using alcohol or drugs and that she respect the rules in the foster home; [ 21 ] RECOMMENDS that the adolescent engage in a treatment program or any workshops that help adolescents for substance abuse; [ 22 ] RECOMMENDS that the adolescent receive and attend all the health care that her situation require (medical, psycho-social, psychological, neurological, etc.); [ 23 ] ORDERS that the adolescent refrain from any mood-altering substances, unless prescribed by a doctor; [ 24 ] ORDERS that the contacts between the adolescent and her parents be organized by the Director of Youth Protection in terms of frequency, modalities and degree of supervision and that these contacts occur following the consent of the parents, the adolescent and the Director of Youth Protection; [ 25 ] RECOMMENDS that the parents refrain from using all mood-altering substances; [ 26 ] ORDERS that the adolescent and her parents fully cooperate with the Director of Youth Protection and meet with the social worker upon request; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 28 ] THE WHOLE for a period of one year; [ 29 ] 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 February 25, 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 parents Date of hearing: February 12, 2019