2022 QCCQ 13944, 2022 QCCQ 13944

Protection de la jeunesse — 224828 2022 QCCQ 13944 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 635-41- 000496-130 DATE: January 18, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2005 adolescent and A mother ______________________________________________________________________ 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 January 18, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Peggy Warolin on September 22, 2021. [ 3 ] Today, the Director recommends that the adolescent remain placed in a rehabilitation centre and that support measures be ordered until May 31, 2022. [ 4 ] The mother has been duly notified but is absent. [ 5 ] The adolescent wishes to go reside with his uncle B or Mrs.

C as soon as possible. Questions in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? [ 7 ] Is it possible to entrust the adolescent to his uncle or to Mrs. C now? Context and analysis [ 8 ] In accordance with the previous Court order, the adolescent remained in a rehabilitation centre (A group home in Town

A) for a period of two months. [ 9 ] Following this period, the adolescent and the Director came to the conclusion that the adolescent’s reintegration to his social, or family environment was not possible. The situation of the adolescent’s sister is followed by the Director. It was not possible to reintegrate the adolescent to her care. [ 10 ] The mother’s situation remained essentially the same. She continued to live in Town B. Her living arrangements are not stable. She occasionally stays with her daughter Y. Otherwise, she resides with different family members and friends. The mother acknowledged

that she still struggles with alcohol consumption issues. [ 11 ] On November 18, 2021, the Tribunal maintained on a provisional basis, the adolescent placed in a rehabilitation centre. [ 12 ] The adolescent is functioning well within the group home structure. He participates in the program and the activities. He is been attending school on a regular basis and enjoy going to school. During his testimony, he mentioned enjoying learning and playing volleyball. The adolescent has continued to consume marijuana. He mentioned having stopped one week ago. At times, he had suicidal ideations.

He mentioned that this is now in the past. [ 13 ] The adolescent received support from a psychiatrist. [ 14 ] The adolescent maintained irregular contacts with his mother and his sister through “messenger”. During the Holydays, he spent time with Mrs. C. She is the sister of a friend of his. [ 15 ] The Director is in the process of assessing the environment of Mrs. C to determine if she could become a foster family for the adolescent. The Director is open to start the same process of evaluation for the adolescent’s uncle.

As of now, the Director does not know much about him. [ 16 ] More time is needed for the Director to assess Mrs. C and Mr. B. During that period, the adolescent will continue to be provided with tools that will permit his positive return to his community A.

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 22, 2021 by the Honourable Peggy Warolin; [ 20 ] ORDERS that the adolescent be entrusted to a rehabilitation centre; [ 21 ] ORDERS that the adolescent and the mother take an active

part in the application of any of the measures ordered by the Court; [ 22 ] ORDERS that the adolescent and the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 23 ] ORDERS that the adolescent attend a school; [ 24 ] ORDERS that the mother remain sober in the presence of the adolescent; [ 25 ] RECOMMENDS that the mother seek formal help through the Social Services concerning her alcohol, drug and personal issues; [ 26 ] ORDERS that the adolescent receive specific health care and health services, notably a follow up regarding his drug consumption and that he receive a follow-up from a psychiatrist; [ 27 ] ORDERS that the contacts between the adolescent, his sister Y and the mother be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 29 ] ORDERS the police to collaborate with the execution of the enactment; [ 30 ] THE WHOLE until May 31, 2022; [ 31 ] 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 27, 2022 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Alexandre Thibault Counsel for the adolescent Date of hearing: January 18, 2022