2018 QCCQ 17117, 2018 QCCQ 17117

Protection de la jeunesse — 187864 2018 QCCQ 17117 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-031566-169 DATE : November 8, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...] 2003 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 November 8, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered on December 14, 2017. [ 3 ] On September 14, 2018, 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 and that support measures be ordered for a period of nine months. [ 5 ] The mother and the adolescent are in agreement with the Director’s plan. [ 6 ] The father is absent from court but was duly notified.

He mentioned to the youth protection worker that he was in agreement with the recommendations. Question in litigation [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 8 ] The adolescent has continued to reside at [Center A]Unit A and follows, for the most part, the centre’s rules. During outings at her parents, she still exhibit serious behavioural issues (manipulates, steals, lies). On occasions, she had to be returned to the unit early.

She is struggling emotionally and is receiving support from a therapist. [ 9 ] Up until October 27, 2018, the adolescent visited her parents alternatively, during weekends. During those visits, the adolescent has difficulty respecting her parents’ rules.

[ 10 ] The adolescent has continued her psychiatric follow-up. She continues to take her prescribed medication. [ 11 ] From January to May 2018, the mother and the adolescent participated in the Program A. [ 12 ] In June 2018, the adolescent and her parents started attending family therapy sessions at the CLSC. [ 13 ] On July 4 and 5, 2018, the adolescent ran away from the rehabilitation centre. [ 14 ] The parents are overwhelmed by the situation and agree that the adolescent’s return to their care would be premature.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for revision and extension; [ 16 ] DECLARES that the security or the development of the adolescent is still endangered; [ 17 ] REVISES and EXTEND the order rendered on December 14, 2017; [ 18 ] ORDERS that the adolescent be entrusted to a rehabilitation center for a period of nine months; [ 19 ] ORDERS that frequency and modalities of contacts between the adolescent and her parents be determined by the Director of Youth Protection, taking into consideration the adolescent’s rhythm and wishes; [ 20 ] RECOMMENDS that the adolescent continue to participate in individual therapy; [ 21 ] RECOMMENDS that the adolescent continue to follow through with the recommendations of her psychiatrist; [ 22 ] RECOMMENDS that the adolescent and her parents continue to participate in family therapy; [ 23 ] RECOMMENDS that the mother participate in individual counseling; [ 24 ] ORDERS that the parents not to use any form of physical and verbal abuse towards their daughter; [ 25 ] ORDERS that the parents take an active

part in the application of the measures ordered and support their daughter; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 27 ] THE WHOLE for a period of nine months; [ 28 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q. Written and signed on November 12, 2018 /cd Mtre Angela Nevard Counsel for the Director of Youth Protection Mtre Sandra Tremblay Counsel for the adolescent Date of hearing: November 8, 2018