2019 QCCQ 15087, 2019 QCCQ 15087

Protection de la jeunesse — 194662 2019 QCCQ 15087 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] “Youth Division” No.: 652-41-000008-187 DATE: May 28, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE LOUISE GALLANT, J.C.Q. ______________________________________________________________________ In the situation of: X Teenager and [SOCIAL WORKER 1], duly authorized by the Director of Youth Protection Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW AND EXTENSION (Sections 95(1), 95(2) and 75 Y.P.A.) ______________________________________________________________________ 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 is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Court is presented with an application for review and extension in the situation of X (17 years old). [ 2 ] On July 18, 2018, the Court entrusted the teenager to a rehabilitation center until June 30, 2019. Other measures appropriate to the situation were also ordered, including a psychosocial follow-up, that the teenager receive all care and health services needed, that the parents and the teenager actively collaborate to the measures. The Court also allowed the professionals involved in the teenager’s

situation to exchange information. [ 3 ] Since the last order, the teenager has been entrusted to a rehabilitation center where her needs are being met. [ 4 ] When the teenager is in her community, she uses drugs and alcohol, and she puts herself in danger. On March 12, 2019, the teenager used cocaine, ecstasy, mushroom and marijuana and she admitted taking

part in the preparation of drugs with a dealer to get some drugs for free. [ 5 ] When she is drunk, she has unprotected sexual relations. [ 6 ] The teenager understands that it is better for her to be in Town A but she really hopes she can come back home to Town B. [ 7 ] The teenager is doing well in school and she is now in Grade 10. [ 8 ] The parents want their daughter back home but they understand that she needs help. [ 9 ] The parents know that X has to be sober when she is in the community but they minimize the situation. [ 10 ] X needs a stable, safe and structured environment with clear rules.

She is getting the care she needs at Center A and would like to stay there until her majority. [ 11 ] She is also receiving help. In fact, she has just begun art therapy and is awaiting a psychological follow-up. She is also taking

part in native cultural activities. [ 12 ] Moreover, X is in contact with her family and occasionally visits. [ 13 ] But, when she does, X says that her parents do not set any rules. Her family environment is not structured. She has often found herself in situation where she has had to make choices that have led her to make bad decisions, especially hang out with friends who use, thus making her relapse and engage in sexual relations she might not have wanted to engage in. [ 14 ] The parents do not seem open to changing their educational methods.

They do not believe their lack of structure has a negative impact on their daughter. They put the responsibility on X, saying that she should be able to learn on her own and make good choices. [ 15 ] The Court believes that for her to continue living in an alternative resource is in her best interest.

She will be able to work on lessons learned, continue to study, develop her personal autonomy and future projects. [ 16 ] After assessing the situation, the Court concludes that the security and development of the teenager are still in danger within the scope of the Youth Protection Act due to serious behavioural problems (addiction, risky relationships and suicidal behaviour) and due to inappropriate parental skills. [ 17 ] The Court considers that this application is in the teenager’s interest and is well founded in fact and in law. [ 18 ] Therefore, the Court, with the consent of the parties, grants the application for review and extension.

FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] REVISES and EXTENDS the last order; [ 21 ] DECLARES that the security and the development of the teenager remain in danger; [ 22 ] ENTRUSTS the teenager to a rehabilitation center until her majority; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the teenager and her family for the same period; [ 24 ] ORDERS that the teenager receive all the care and health services that she needs such as addiction and psychological follow- ups; [ 25 ] ORDERS that the teenager and her parents participate in the following measures; [ 26 ] ALLOWS the exchange of information between the different professionals working with the teenager; [ 27 ] ENTRUSTS the situation of the teenager to the Director of Youth Protection for the execution of the present order.

__________________________________ LOUISE GALLANT, J.C.Q. Mrs. Lyne Monger Counsel for the applicant Mrs. Chantal Gaudreau Counsel for the teenager Hearing date: May 28, 2019