2021 QCCQ 16770, 2021 QCCQ 16770

Protection de la jeunesse — 219524 2021 QCCQ 16770 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division»

N° : 505-41-009760-192 DATE : December 6, 2021 ______________________________________________________________________ PRESIDED BY THE HONOURABLE MÉLANIE ROY ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection worker duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -and- X , born on [...], 2004 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T Section 95(1) 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 child, aged 17, is entrusted to a rehabilitation centre, according to the last Court order rendered on December 16, 2020.She resides with her young baby at House A. [ 2 ] The Director of Youth Protection (the Director) asks the Court to extend its last order. [ 3 ] The parties disagree with the Director’s application and recommendations. [ 4 ] The proof demonstrates that since the last Court order, the child remained at House A.

Unfortunately, she was discharged from the resource a few days later due to SOME behaviours with her son. The baby was entrusted by this Court to a foster care family. [ 5 ] On January 11, 2021, the child was moved to Group Home A in Town A. [ 6 ] A few days after, she was assessed by a psychiatrist because of suicidal thoughts with a plan and was hearing voices. The child asked to go home but the psychiatrist refused this option.

She recommended her return to the rehabilitation centre. [ 7 ] At the end of January, she said that a staff member had sexually molested her to then say it was a joke. [ 8 ] In the resource, the child continued to demonstrate serious behavioural disturbances such as drug use and conflict with other residents. [ 9 ] The child usually has regular supervised contacts a week with her son. She needs to be guided on how to interact with him but does not always accept the teachings shown to her. [ 10 ] When the child has contacts with her parents, she does not follow afterwards the program at the rehabilitation centre.

She could be orientated to the unit A that has a program for independent living, but she only wishes to return to her parents.

[ 11 ] The parents refuse to work with [Organization A]. They do not visit their daughter at the rehabilitation centre. In its testimony, the father explains that there has never been any problem at home. They blame the social services for everything. [ 12 ] The relationship between the child and the father of the baby, Mr. C is still chaotic. He continues to use drugs and has many troubles with the law.

In August, the child disclose to her worker that he would sometimes hit her and force her to have sex with him but she refused to file a complaint. [ 13 ] On November 1, the child was moved to the [unit A] in Town B in order to meet her needs for increased structure. This move would also allow her to receive additional support geared towards independent living. [ 14 ] In November 2021, the child went AWOL. She was found at her parent’s place. They did not tell anyone where she was there and lied about it to the authorities.

The police had to intervene to remove the child from her home and send her back to the rehabilitation centre. [ 15 ] The child is now residing at the unit B in Town B, an intensive supervision unit. [ 16 ] When the parents do not interfere, the child is enjoying school and doing well in the rehabilitation centre.

She has a lot of potential and could make better choices for herself. [ 17 ] However, her mental health remains a big concern since she continues to engage in self-harming behaviours which she can admit to the staff and then deny. [ 18 ] She has moments where she acknowledges that her father is an alcoholic and her mother has a drinking and gambling problem. Unfortunately, she can then deny it and maintain that her parent’s home is safe for her. [ 19 ] The child’s older brother, Y live with his parents. Now an adult, he still demonstrates serious behavioural disturbances.

He still hangs around with C and using drugs with him. Mr. C is frequently at the house. [ 20 ] The child needs to remain in a neutral and structured environment. The parents have not made any changes and still do not recognize any difficulties. [ 21 ] The child must seize the opportunity before her majority to work with the social workers.

If she wants, she could be assisted to prepare for independent living. [ 22 ] After having received the admissions, taken into consideration the reports produced and the testimonies heard, the Court concludes that the security and development of the child are still in danger and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the application; [ 24 ] DECLARES that the security and the development of the child X are still in danger; [ 25 ] EXTENDS the Court order rendered on December 16, 2020 in the present file; [ 26 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the Director of Youth Protection; [ 27 ] TAKES ACT that the plan is to assist the child to prepare for independent living; [ 28 ] ORDERS that the contacts between the child and her extended family be determined by the Director of Youth Protection concerning the frequency, modality and level of supervision, in accordance with the rehabilitation plan; [ 29 ] TAKES ACT that the Director of Youth Protection will conduct random drug and alcohol screenings, at her discretion; [ 30 ] STRONGLY RECOMMENDS that the child engages in support services; [ 31 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child's regard to put an end at the situation in which the security or development of the child is in danger, more particularly that the meet with the Youth protection worker on a regular basis to update their situation; [ 32 ] ORDERS that the child and her parents take an active

part in the application of the measures ordered; [ 33 ] STRONGLY RECOMMENDS that the parents undergo a full addictions assessment and follow the recommendations; [ 34 ] MAINTAINS all other conclusions rendered on December 16, 2020 not inconsistent with the present judgment; [ 35 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 36 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment; [ 37 ] THE WHOLES until the majority of the child, namely on [...], 2022.

__________________________________ Mélanie Roy, J.C.Q. Me Caterine Caron Attorney for the DYP Me Aude Bastien Attorney for the child Me Kathleen O’Meara Attorney for the mother Me Patrick Cormier Attorney for the father Date of hearing : December 6, 2021 Judgment signed on : February 2, 2022