2021 QCCQ 16585, 2021 QCCQ 16585

Protection de la jeunesse — 214655 2021 QCCQ 16585 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002192-182 DATE: May 27, 2021 (written judgment rendered on July 6, 2021) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2004 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother and B , deceased Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 Director of Youth Protection (DYP) asks the Court to review a decision rendered on February 23, 2021, regarding the adolescent X, born on [...], 2004.

At that date the Court declared the security and development still endangered and entrusted the adolescent to an institution or a local community Service Centre or to another body, so that she can have the care and assistance she needs until February 28, 2022. [ 2 ] The DYP submits that the situation does not allow to keep the youth in [resource A], a local community service centre in City A, and asks to entrust her to a rehabilitation centre with a gradual reintegration in a foster family or in an autonomy plan when the situation allows it, until May 31, 2022.

Position of the Parties [ 3 ] The mother is absent, but represented by Me Angèle Tommasel. She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 4 ] The youth is present and represented by Me Cassandra Neptune. She recognizes that her situation is still endangered and she agrees with the measures. History of the Situation [ 5 ] On July 25, 2018 , the Court was seized with an application for protection. X was 13 and a half years old. The family was followed by DYP on voluntary measures since July 2016.

The mother had alcohol consumption and anger management issues. X said being scared about her mother. X was involved in a violent conjugal relationship with an adult man. X displayed behavioural issues such as having alcohol and drugs consumption, non-attending school and not listening to the rules. In June 2018, X had been entrusted to a rehabilitation centre under voluntary measures. The Court declared the security and development endangered [1] and entrusted X to a rehabilitation centre until the end of July 2019.

The Court also ordered a prohibition of contact between X and her boyfriend. [ 6 ] On June 28, 2019 , the Court prolonged the measures under a provisional measure. [ 7 ] On August 22, 2019 , the Court revised the situation. The evidence revealed that the mother realized the importance to address her alcohol consumption issues and she took steps to meet regularly with the Social Services. X was not going to school regularly, and she ran away 4 times since the last decision.

The Court entrusted X to a rehabilitation centre with a progressive reintegration if possible until July 31, 2020. [ 8 ] On July 21, 2020 , the Court revised the situation. After the previous decision, X had been transferred from the [Group Home A] to [Unit A] in City A because of her serious behavioural disturbances. She rapidly improved. She was ambivalent regarding her desire

to go back living in [region A]. Another rehabilitation centre would have been appropriate for her, but she was too young to go there. The mother still struggled with alcohol consumption and conjugal violence issues. The Court entrusted the adolescent to a rehabilitation centre until [...], 2020, and entrusted her to her mother after.

The Court also took judicial notice that the mother agreed to transfer her daughter to a supervised apartment as a part of an autonomy plan supervised by the DYP, the whole until July 21, 2021. [ 9 ] On October 13, 2020 , the Court rendered a provisional measure and entrusted X to a rehabilitation centre. On November 26, 2020 , the Court entrusted her to an institution or a local community Service Center, or to another body, so she can receive the assistance she needs. [ 10 ] On February 23, 2021 , the Court revised the situation.

The evidence showed that following the previous decision, X remained at the [Unit A] in City A. She had some home visits which appeared to go well, but the return at the rehabilitation centre was difficult for a few weeks before she improved. The psychological follow-up stopped as no more psychologist was available. The mother is still struggling with alcohol and drugs consumption. She was supposed to give birth in January. X was very happy to have a little brother, but she was concerned by the fact that her mother did not quit alcohol and drugs during her pregnancy.

X is very energetic and she as a lot of potential. She gained maturity. She is able to make good choice and to express her desire. Unfortunately, she is still suffering from past traumas and also from her father’s death, but she is able to apply the tools that she learned to cope with her emotions. In January, after a period of reflection, she integrated a new resource, [resource A]. She appreciates being there and now, she works on her autonomy as the objective is for her to have her own apartment. Facts [ 11 ] As ordered, X entrusted [resource A] on January 30, 2021.

She was shy at the beginning, but adapted well to her new environment. [ 12 ] On February 25, she ran away and came back by herself 3 days later. She mentioned that she had met a man, they drank together and they had complete and unprotected sexual relation. [ 13 ] The DYP has reasons to think that this man would be a pimp and X could be in a process of recruitment for prostitution. X was met and she received explanations about the concerns that the DYP has and the process of juvenile prostitution. [ 14 ] Despite that information, X ran away again from April 17 to April 19 and from April 24 to April 26.

Following that, the DYP took immediate protective measures and she was entrusted to a rehabilitation centre for her safety. The Court rendered a provisional measure to the same effect. [ 15 ] A report was received regarding a possible risk of sexual abuse. The DYP worker did not receive information from the evaluation team about the conclusion of this report so she thinks it should be still in evaluation. [ 16 ] The mother still struggles with alcohol consumption, and she is conscious about the impact of this consumption on her children.

She collaborates well with the DYP worker and was very afraid to know that her daughter could be the victim of a procurer. [ 17 ] X was transferred recently to the rehabilitation centre in City B. The first weekend was difficult, and she displayed suicidal ideation. After that, she gets better and she started to work at the daycare. [ 18 ] The DYP worker recommends that she remained in a rehabilitation centre and that she work on the expression of her emotions.

She has difficulty to open up, but before being able to entrust a foster family, she needs to be able to express her difficulty and to learn some tools to deal with her emotions. [ 19 ] The DYP did not look for a foster family yet. The event in City A and the suicidal ideation she displayed in City B are too recent. She needs to be stabilized before thinking about integration. [ 20 ] At the rehabilitation centre, she receives the help of the educator, but no other specific services. A nalysis [ 21 ] X continues to be vulnerable due to her past traumas.

She also has attachment issues and doing so, she is at high risk. Despite the fact that she is aware of her strength and weakness, she is not totally conscious of how risky was the situation in which she went and she is considering that the DYP is worrying for nothing. [ 22 ] Even if the evaluation of the recent report is not complete yet, the Court has enough evidence to conclude that the youth, due to the whole situation and her personal characteristic, is at risk to be a victim of sexual exploitation under

section 38 (d) (2). [ 23 ] The Court share the DYP’s opinion regarding the applicable measures. It is indeed too early to think about a reintegration. X has a lot of potential, but she should be helped to deal with the many traumas she has. She had a lot of hope before her integration at [Center A], and the Court does not want her to live another fail. FOR THOSE REASONS, THE COURT: [ 24 ] GRANTS the application; [ 25 ] DECLARES that the security and development of the adolescent X, born on [...], 2004, are still endangered; [ 26 ] DECLARES that the security and development of the adolescent X, born on [...], 2004, are also endangered under

section 38 (d) (2) of the Youth Protection Act ; [ 27 ] ENTRUSTS the youth to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth

protection centre; [ 28 ] ORDERS that the youth be gradually reintegrated in a foster family or in an autonomy plan when the situation allows it; [ 29 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or in the youth’s regard to put an end to the situation in which the security and development of the youth are endangered; [ 30 ] ORDERS that the youth and the mother take an active

part in the application of any of the measures ordered by the Court; [ 31 ] ORDERS that the mother remain sober and without any violent behavioural in the presence of the youth; [ 32 ] RECOMMENDS that the mother seek help through the Social Services concerning her alcohol, drugs and personal issues; [ 33 ] ORDERS that a person working for an institution or body, provide aid, counselling and assistance to the youth and the family; [ 34 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 35 ] THE WHOLE until May 31, 2022. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: May 27, 2021