2019 QCCQ 16072, 2019 QCCQ 16072

Protection de la jeunesse — 196385 2019 QCCQ 16072 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 760-41-002035-031 DATE: April 15, 2019 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: […], 2003 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 adolescent X is the subject of protective measures since her early childhood eventually being entrusted to her grandmother until her majority.

In reason of her behavioural issues, the Court revises her situation on May 16, 2018, entrusting her to to a reception centre while applying other various protective measures until December 31, 2018. [ 2 ] Alleging that the adolescent continues to require rehabilitation in a neutral environment, the Director of Youth Protection seeks the revision and extension of the measures for one year. While the adolescent as well as her parents agree to the need for a continued intervention, they jointly request that she be entrusted to an alternate environment, namely to the care of Ms. C and Mr.

D. [ 3 ] Context [ 4 ] Since the last judgment, X evolves relatively well. She continues to function academically and is proactive as to the issues to work out with her family. [ 5 ] Diagnosed with an emerging personality disorder and possible eating disorder, she participates in a mental health follow-up and takes a medication to deal with her anxiety.

In reason of her suicidal thoughts and self mutilation, a diagnosis of social phobia is also retained in June 2018. [ 6 ] Although she is learning to better deal with her emotions, this remains an outstanding issue which often underscores persistent behavioural issues. [ 7 ] In the reception centre setting, X resists working on her autonomy and progressing towards a supervised apartment. She states wanting to live in a family environment. [ 8 ] In the last year, X has a romantic relationship with E, a fellow student. She becomes close to her boyfriend’s family, with whom she spends most of her weekends.

The parents invest themselves in her situation and a significant bond is created. [ 9 ] Over time, X’s relationship with E flounders. In the last months, repeated separations occur, usually surrounding X’s obsessive behaviours within the relationship. X’s reactions to the instability of her relationship are significant, requiring two police interventions and a hospitalization (January and February). [ 10 ] Their relationship ceases in March and E’s parents decide to suspend their contacts with X for a few weeks.

Visits have only recently resumed. [ 11 ] X now states that she is no longer a couple with E and that they have both moved on emotionally. She considers him like a brother figure. She sees no impediment in sharing the same home environment.

[ 12 ] Ms. C testifies to the fact that the family wishes to receive X. They have created a bond with her and want to provide her with a family environment and help her stabilize. Her son E is also comfortable with this project. [ 13 ] Analysis and decision [ 14 ] X is an adolescent who struggles with psychological challenges. Her abandonment issues push her to test limits and challenge her significant relationships. The evidence demonstrates that such is ongoing and continues to affect her ability to make healthy choices. [ 15 ] The intensity of her relationship with E is the expression of such.

Her inability to accept limits and boundaries lead to the incidents of instability of the last months including police interventions and even her hospitalisation. [ 16 ] X desperately wishes to leave the rehabilitation centre and reside in a family environment. Pitting all her hopes on this eventuality, she suspends investment in the services in place. [ 17 ] The evidence demonstrates that X remains easily overwhelmed by emotionally charged situations in her life. Her responses denote a continued need to work on her ability to recognize and deal with her emotions in a healthy manner.

Attachment issues are also present and challenge her functioning. [ 18 ] The parents recognize that there is no possibility that their daughter return to their care. They submit that a family environment will help X progress and subscribe to her wishes to transfer to the home of Ms C and Mr. D. [ 19 ] Ms C and Mr. D are devoted to X and able to offer a stable environment. To this, the Court also considers that X and her parents adhere to her being entrusted to this home. [ 20 ] Notwithstanding, the Court cannot discount the fact that X has only recently ceased her relationship with their son.

Although she insists that she now entertains an amicable relationship with E, this seems more the reflection of her need to leave the rehabilitation centre than of the reality of the situation, which is that she requires some time to fully transition through the recent end of an intense and almost fusional relationship. [ 21 ] For the Court, to entrust her to E’s environment at this time engenders a serious risk of instability, while also risking a breach of the trust in place.

As such, such an order is presently premature. [ 22 ] X needs to continue to focus her efforts on maintaining her stability, learning to effectively deal with her emotions in a healthy manner and becoming self-sufficient. This process should continue in a neutral environment, where she has shown an ability to progress.

Strengthened by such, she will be better able to benefit from a family environment. [ 23 ] It is also necessary to verify if X will be able to maintain a functional relationship with this family, which will obviously continue to be challenged by her behavioural issues. [ 24 ] For these reasons, the Court considers that a further period of placement in a rehabilitation centre reflects the adolescent’s best interests while respecting the objectives of the law.

While progressing towards her reintegration in her desired environment, she can continue to forge bonds with them and benefit from their presence in her life. [ 25 ] FOR ALL THESE REASONS, THE COURT: [ 26 ] PARTIALLY GRANTS the application; [ 27 ] DECLARES that the security and the development of the adolescent are still in danger; [ 28 ] DECLARES that the security and the development of the adolescent are also in danger for in reason of; • serious behavioural disturbance (article 38f) Youth Protection Act ); [ 29 ] REVISES and EXTENDS the Court order rendered on May 16, 2018; [ 30 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A, for 5 months; [ 31 ] As of the end of the placement, ENTRUSTS the adolescent to Mrs.

C and Mr.

D; [ 32 ] PERMITS that there be a progressive reintegration of the adolescent in this environment in as of the August 1, 2019; [ 33 ] ORDERS that the contacts between the adolescent and her mother be following agreement between the parties; [ 34 ] ORDERS that the contacts between the adolescent and her father be following agreement between the parties and in the presence of a third party chosen by the Director; [ 35 ] AUTHORIZES lifting of the supervision of the contacts between the adolescent and her father following agreement between the parties; [ 36 ] ORDERS that the contacts between the adolescent and her grand-parents be following agreement between the parties; [ 37 ] 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 adolescent is in danger; [ 38 ] ORDERS that the adolescent and her parents take an active

part in the application of the measures ordered; [ 39 ] ORDERS that her a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 40 ] RECOMMENDS that Mrs. C and Mr. D also actively participate in the measures ordered and that aid counselling or assistance be also given to them within the follow-up; [ 41 ] ALL THESE MEASURES for 8 months, except for the placement; [ 42 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Anne Catherine Bujold Attorney for the Applicant Me Annie Girard Attorney for the mother Me Claudette Morin Attorney for the father Me Michel Robert Attorney for the adolescent Date of hearing: April 15, 2019