2019 QCCQ 15899, 2019 QCCQ 15899

Protection de la jeunesse — 1911754 2019 QCCQ 15899 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 640-41-002378-195 DATE : October 9, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2002 and A and B parents ______________________________________________________________________ JUDGMENT

Section 38 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 October 9, 2019 . [ 2 ] The court is seized of an application presented by the Director of youth protection (DYP) requesting that the security and development of the youth be declared in danger for psychological ill-treatment sexual abuse, physical abuse and serious behavioral disturbances ( art.38 c), d) 1 , e) 1 , and

f) of the Youth Protection Ac

t) as expressed in the motion. [ 3 ] Consequently DYP asks the Court to entrust the youth in a reception center, as well as other measures to resolve the situation. QUESTION IN LITIGATION [ 4 ] Are the security and development of the youth compromised? In the affirmative, do the recommended measures answer her needs and are they in her best interest? CONTEXT AND ANALYSIS [ 5 ] The proof reveals that X is a courageous adolescent. [ 6 ] She left the household at the age of nine years old. She was exposed to conjugal violence, and have been victim of threats on the part of her mother.

She was sexually abuse by her grandfather, physically assaulted by her ex-boyfriend. She puts herself at risk presents suicidal behaviors and the youth self-harms. She expressed she had no one and no reason to stay alive. [ 7 ] This young lady needs to be loved and to receive attention from adults responsible. [ 8 ] The facts alleged in the application are admitted in great part by the adolescent and her father. [ 9 ] The parents have only recently got involved with their daughter. The father is close to his daughter but was not able to protect her in the past.

As for the mother , her relationship with X is conflictual.

[ 10 ] X was evaluated by Dr Beltempo, who recommended a lot of measures that seems to be necessary for that youth. [ 11 ] The Director asks for a measure until October 31, 2020, the father wishes that the measure will be for 6 months, and the Court will pronounce a judgement until the majority of X because there is much work to do. [ 12 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the child are still in danger and that the measures suggested meet his needs and deemed to be in his best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application; [ 14 ] DECLARES that the security and development of X are still compromised under

section 38 c), d)(1), e)(1), f); [ 15 ] ORDERS that the adolescent be entrusted to a rehabilitation center chosen by the institution operating an adolescent and Youth Protection Centre until June 9, 2020; [ 16 ] ORDERS that DYP make sure that X be evaluated by Dre Nadeau as for her insomnia, her ADHD, general anxiety disorder; [ 17 ] ORDERS that X participate to psychiatric evaluation to assess the ADHD, impulsivity, insomnia and dystemia; [ 18 ] ORDERS that the adolescent receives support in councelling services from now on ; [ 19 ] AUTHORIZES a reintegration with the parents be possible if and when the situation allows it and as soon as possible; [ 20 ] ORDERS that the contacts between the adolescent and the parents be determined by the director as for the modalities, the frequency and the degree of supervision, have to be held at least once a month and be increased to permit a reintegration; [ 21 ] ORDERS that the contacts between X and Mr.

C be supervised by the director; [ 22 ] ORDERS that the adolescent does not come in contact with Mr. D; [ 23 ] ORDERS DYP to make sure that the adolescent receives the health services required by her situation, and that DYP makes sure that the recommendations made on September 30 th , 2019 by Dr.

Deltempo, are put in place; [ 24 ] ORDERS that the adolescent attends school on a regular basis; [ 25 ] ORDERS that the parents remain sober and without violent behaviour in the presence of the adolescent; [ 26 ] ORDERS that the parents and the adolescent seek help at social services, notably in regard to the youth’s traumas and the family reunification through individual and family counselling; [ 27 ] ORDERS that the adolescent and her parents take an active

part in the application of any of the measures ordered by the tribunal; [ 28 ] ORDERS that the adolescent and her parents report in person, at regular intervals, to the director to inform her of the current situation; [ 29 ] ORDERS that a person working for an institution or a body provides aid, counsel and assistance to the adolescent and the family; [ 30 ] ENTRUST the situation of the adolescent to the DYP who shall then see that the measures are carried out; [ 31 ] ORDERS the execution of the present decision by any peace officer.

THE WHOLE until September 24 th , 2020, except for the placement which will end in June 9 th 2020. ___________________________________ Dominique Wilhelmy, J.C.Q. Signed on Mtre Robert André Adam Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the father Mtre Angèle Tommasel Counsel for the youth