2018 QCCQ 16148, 2018 QCCQ 16148

Protection de la jeunesse — 187162 2018 QCCQ 16148 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000499-159 DATE: August 8, 2018 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2001 Adolescent and A and B (Deceased) Parents/Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The youth has been involved with youth protection and other social services most of his life. He is entrusted to the same foster family since 2016. [ 2 ] During the last year, the adolescent has been struggling with behavioural problems. He has drug and alcohol-related issues. At home, he does not respect rules. He also shows behaviour difficulties in school.

From the beginning of 2018, the situation deteriorates. [ 3 ] Abusive use of alcohol and marijuana has a negative impact on the youth’s daily life. In April, the adolescent voluntarily enrolls himself in an addiction treatment center located in his community. The program is scheduled for 14 weeks. Unfortunately, the youth also has a hard time complying with rules there. On a few occasions, he leaves the center without authorization. He refuses to meet with a psychologist, even though it is part of the treatment.

Several incidents take place, which lead to the youth being expelled from the program. [ 4 ] On June 6, the youth is informed he has to leave the center. He becomes very aggressive when told he will not go home to his foster family. At that time, the foster family is not ready to have him back, due to his behaviour. Moreover, the relationship with his brother, who is entrusted to the same environment, is stormy. The foster family feels overwhelmed. [ 5 ] The adolescent is then entrusted to a rehabilitation center, on a provisional basis. [ 6 ] Respecting rules and authority remains a challenge for the youth.

On one occasion, he becomes aggressive towards a worker. [ 7 ] However, the youth is sober since being entrusted to a rehabilitation center. He involves himself in a follow-up with an outpatient counsellor. [ 8 ] Prior to the hearing, the director of youth protection recommends that the youth remain in a rehabilitation center for a few more months. However, at the hearing, the parties reach an agreement, asking that the adolescent goes back to his foster family immediately. The youth appears willing to work on his issues as well as his relationship with his brother.

Under the circumstances, his foster family is ready to have him back. [ 9 ] Hopefully, with everyone’s collaboration and professional help, the adolescent will be able to function in a family environment.

WHEREFORE, THE COURT: [ 10 ] GRANTS the application for revision of order; [ 11 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 12 ] ORDERS that the adolescent be entrusted to a foster family; [ 13 ] ACKOWLEDGES the adolescent’s consent and, in consequence, ORDERS that he receive services for anger management and that he continue to meet with the outpatient counsellor from [Centre A]; [ 14 ] AUTHORIZES that the adolescent stay in a rehabilitation center, for a maximum of five days per month, if the situation requires it; [ 15 ] ORDERS that the contacts between the adolescent and his mother be set after an agreement between the parties, including their supervision as long as deemed necessary; [ 16 ] ORDERS that the adolescent benefit from a follow-up with an external educator; [ 17 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until March 10, 2019; [ 18 ] ENTRUSTS the situation of the adolescent to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment; [ 19 ] ORDERS the parties to avide by the present order. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the child Mrs. A the mother (absent) Written judgment filed on September 4, 2018