2018 QCCQ 15994, 2018 QCCQ 15994

Protection de la jeunesse — 187013 2018 QCCQ 15994 JG2072 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] «Youth Division»

N° : 505-41-007828-140 DATE : September 12 th , 2018 ______________________________________________________________________ PRESIDED BY : THE HONOURABLE MARIO GERVAIS J.C.Q. ______________________________________________________________________ [Social Worker 1], youth protection worker duly authorized by the Director of Youth Protection A, Applicant -and- X , born on […], 2001 Child-respondent -and- A Mother-respondent -and- B Father-respondent ______________________________________________________________________ J U D G E M E N T Sections 95(1) and (2) 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (the Director) petitions the Court with an application for Revision and Extension of a Court Decision, in the matter of the child X , born on […], 2001. [ 2 ] The Director alleges that since the Court order rendered on August 26 th , 2016, new facts have arisen which justify the revision and extension of the decision.

In brief, the Director pretends that: ➢ The child evolved irregularly in a reception center; ➢ The child still displays behavioural disturbances that put her at risk and in danger; ➢ The parents are overwhelmed by the child’s behaviour and cannot provide her with the proper structure and supervision that she needs. [ 3 ] Moreover, during the proceedings, the following facts occurred:

➢ The child has undergone an in-patient drug abuse therapy; ➢ The child is now clean, sober and more mature. [ 4 ] The Director recommends, as key measures, that the child be entrusted to her mother with a social follow-up until her majority which is on [...] th , 2019. Parties’ position [ 5 ] The father is absent. He has expressed in the past his concerns about the child’s addiction problem and the necessity for her to address this issue. [ 6 ] The mother and the child are in agreement with the measures sought by the Director.

Analysis [ 7 ] Since the last Court Order, the child’s evolution has been a winding road. The child went through positive periods where she did make significant progress followed by other periods where there was resurgence of her serious behavioural disturbances. [ 8 ] When disturbed and agitated, the child is consuming drugs, medication and alcohol. She is acting out, defying house rules and doing as she pleases.

She maintains relationships with negative peers and is vulnerable to their influence. [ 9 ] Consequently, the child has been placed in a regular unit of a reception center, in a group home and in intensive care unit in accordance with her behaviour at the time. [ 10 ] Fortunately, the child decided to end this vicious circle that has been persistent over the years and to take control of her destiny. [ 11 ] The child attended treatment at the A Center which is dedicated to help individual of Native origin to overcome a substance abuse problem. [ 12 ] The child has shown motivation and determination to ensure the success of her therapy.

On this subject, the Director reports that [1] : All reports indicated that X was following expectations and achieved all objectives in her intervention plan. Among her peers, X was seen as a leader who was able to support and place boundaries with her group. She engaged in psychological services twice a week where they on recognizing and managing her emotions. A well, X gained a lot of knowledge on harm reduction approaches and education on the effects and consequences of drugs. [ 13 ] The parents have shown support to their child going through that process.

The expressed their love and encouragement to their child and are now willing to accompany her at the stage of reintegration into the community. [ 14 ] The relationship between the child and her parents has evolved positively, especially with her mother, even though there can be issues opposing them on some occasions. [ 15 ] Aftercare follow-up is now a crucial safety net in order to consolidate the child’s accomplishment and to prevent relapses. [ 16 ] The child has demonstrated where her great potential can lead her when used for positive purposes.

At this point, the prognosis of success of the orientation recommended by the Director is favorable. [ 17 ] The Court concludes that the security and development of the child are still in danger. [ 18 ] The situation requires that the child be entrusted to her mother with the social follow-up of the Director, prerequisite that the child engage in addiction services to provide her with aftercare relapse prevention support. [ 19 ] After having received the admissions, taken the reports produced and the testimonies heard into consideration, the Court concludes the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the child X are still in danger; [ 22 ] REVISES AND EXTENDS the Court order rendered on August 26, 2016; [ 23 ] ORDERS that the child be entrusted to her mother; [ 24 ] TAKES JUDICIAL NOTICE that the child will follow her mother’s house rules and curfew and keep her mother informed of her whereabouts at all time; [ 25 ] ORDERS that the contacts between the child and her father be following agreement between the parties; [ 26 ] ORDERS that the child and her parents, take an active

part in the application of the measures;

[ 27 ] ORDERS that the child and her parents meet with the DYP together or individually on a regular scheduled basis to update their situation; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 29 ] ORDERS that the child attend school and TAKES JUDICIAL NOTICE that the child is involved in adults education program A; [ 30 ] RECOMMENDS that the child engage in addiction services to provide her with aftercare relapse prevention support and TAKES JUDICIAL NOTICE that she is on a waiting list at A Pavillon; [ 31 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the measures ordered; [ 32 ] THE WHOLE, until the majority of the child, which is on [...], 2019. ________________________________ Mario Gervais, J.C.Q.

M e Karine Nantais Attorney for the Director M e Annabelle Faubert Attorney for the child M e Kathleen O’Meara Attorney for the mother Signature date: October 10, 2018