2018 QCCQ 17401, 2018 QCCQ 17401

Protection de la jeunesse — 188435 2018 QCCQ 17401 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division No: 615-41-002369-188 DATE: August 17, 2018 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X , born on […], 2005 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection of the Centre integré de santé et de services sociaux A, having a place of business at […] in Town A, district A, […] Applicant and A , domiciled and residing at […] in Town B, Ontario, […] Mother and B , domiciled and residing at […] in Town A, district A, […] Father ______________________________________________________________________ JUDGMENT ( Sections 38 and 75 , Youth Protection Act , CQLR. c.

P-34.1) ______________________________________________________________________ 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 ] After the filing of an application for protection concerning X, born on […], 2005, according to sections 38 and 75 of the Youth Protection Act , the parties submitted to this Court a draft agreement on measures to put an end to the situation that compromises the security and development of the child. [ 2 ] The child was represented by a lawyer. [ 3 ] The draft agreement states that the consent of the parties present was given in a free and enlightened manner.

The validity of the consent was confirmed at the hearing. They acknowledge that the security and development of the child are in danger according to

section 38

f) of the Youth Protection Act , and more precisely in that: 3.1 The child is under the care of her paternal grandparents since she is approximately six months old; 3.2 Since June 16 th , 2006, the paternal grandparents have legal custody of the child with access rights granted to the maternal grandmother, Mrs.

C, and the father; 3.3 The parents have been mainly absent from the child’s upbringing since she was a baby and relied on the paternal grandparents to assume her care, maintenance and education; 3.4 The parents experienced many important personal difficulties over the past years; 3.5 Since January 2018, the Director of youth protection’s services have been intervening in the child’s situation because of her serious behavioural disturbances; 3.6 More precisely but without limitation, the child runs away, has made suicidal threats and attempts, self-mutilates and tend to isolate herself; 3.7 The paternal grandparents have tried to intervene towards the adolescent but without success and called for exterior help services prior to the youth protection’s intervention but the situation was not improving; 3.8 Since February 2018, the child is entrusted to a rehabilitation centre under voluntary measures; 3.9 The child has various help services such as an educator and social follow-up, a psychological follow-up and is scheduled to start a pedopsychiatric evaluation on May 21 st , 2018;

3.10 Deleted paragraph; 3.11 The child has managed to run away from the rehabilitation centre a few times and attempted to commit suicide even thought specials measures are in place; 3.12 During the week of May 7, 2018, the child tried to strangle herself with a towel and with clothing; 3.13 At the beginning of May 2018, the child’s suicidal ideations were omnipresent; 3.14 The child has lived threw many tragic and traumatic events such as a sexual abuse at the age of five and the recent death a young sister from a car accident; 3.15 The child tends to withdraw from her emotions and becomes impulsive and unpredictable at times; 3.16 On or about May 10, 2018, the child was admitted to the intensive supervision unit in the rehabilitation center; (Exact reproduction) [ 4 ] In order to put an end to the situation that compromise the security or development of the child, the parties agree on the following: 4.1 That the child remains entrusted to a rehabilitation center for a period of six (6) months, with a progressive reintegration with her paternal grandparents, if the situation allows it; 4.2 That the contacts between the child and her parents be determined by the Director of Youth Protection regarding the frequency, modalities and presence of a third person, if necessary, and that the contacts at the paternal grandparents home be promoted as soon as the situation allows it; 4.3 That the child and the paternal grandparents actively participate to the social follow-up and measures proposed by the authorized worker of the Director of Youth Protection; 4.4 That the child receive all the health care and services required by her situation, namely a psychological follow-up and a follow- up with a child psychiatrist until judged necessary by the professional providing the service; 4.5 That the various professionals providing services give to the Director of Youth Protection the information concerning the assiduity, collaboration, reach of objectives and the recommendations; 4.6 That a person working for the Director of Youth Protection give aid, counsel and assistance to the child and her family for a period of twelve (12) months; (Exact reproduction) [ 5 ] The Court is of the opinion that the measures respect the rights and interest of the youth.

FOR THESE REASONS, THE COURT: [ 6 ] GRANTS the motion; [ 7 ] DECLARES that the security and development of X, born on […], 2005, are compromised under

section 38

f) of the Youth Protection Act ; [ 8 ] ENDORSTS the draft agreement signed by the parties present and ORDERS them to conform to it; [ 9 ] ORDERS that the child remain entrusted to a rehabilitation center for a period of six months, with a progressive reintegration with her paternal grandparents, if the situation allows it; [ 10 ] ORDERS that the contacts between the child and her parents be determined by the Director of Youth Protection regarding the frequency, modalities and presence of a third person, if necessary, and that the contacts at the paternal grandparent’s home be promoted as soon as the situation allows it; [ 11 ] ORDERS that the child and the paternal grandparents actively participate to the social follow-up and measures proposed by the authorized worker of the Director of Youth Protection; [ 12 ] ORDERS that the child receive all the health care and services required by her situation, namely a psychological follow-up and a follow-up with a child psychiatrist until judged necessary by the professional providing the service; [ 13 ] TAKES NOTICE of the consent that the various professionals providing services give to the Director of Youth Protection the information concerning the assiduity, collaboration, reach of objectives and the recommendations; [ 14 ] ORDERS that a person working for the Director of Youth Protection give aid, counsel and assistance to the child and her family for a period of 12 months; [ 15 ] ORDERS the police to collaborate in the execution of the judgment; [ 16 ] ENTRUSTS the child's situation to the Director of Youth Protection for the execution of the judgment.

__________________________________ RENÉE LEMOINE, J.C.Q. Me Julie Lorusso For the child Me Valérie Martel For the applicant Me Angèle Tommasel For the father Date of hearing : July 12, 2018