2023 QCCQ 6704, 2023 QCCQ 6704

Protection de la jeunesse — 233583 2023 QCCQ 6704 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-001241-238 DATE: May 30, 2023 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X, born on [...], 2009 Youth and [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT FOR PROTECTION (

Section 38 of the Youth Protection Act (R.S.Q. 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 9.2, 9.3 and 135 Y.P.A.).

Introduction [ 1 ] In accordance with the requirements 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 May 30, 2023. [ 2 ] The Director of youth protection (DYP) asks the Court to declare the security and development of X in danger pursuant

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f) of the Y.P.A., and to maintain her with her parents with different measures of help for the family until January 30, 2024. Questions in litigation [ 3 ] 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 [ 4 ] The mother asks the Court to entrust the youth with her along with psychiatric or psychological follow-up. [ 5 ] X is a very sad teenager who presented behavioural difficulties related to school absenteeism, drug consumption, running away, staying out late at night and presenting suicidal ideation and attempts. [ 6 ] The youth is adamant to return to her parents and she agrees to be followed by a psychiatrist or a psychologist. [ 7 ] Between April 5 th and May 11, the mother took measures to ensure X’s school attendance, and significant improvement regarding notably school attendance and respect of the rules, were observed.

Because of those positives progress, DYP was then recommending that the Court entrust the youth to her parents. [ 8 ] Sadly, the behavioural difficulties increased from May 15. She was twice assaulted by her boyfriend, voiced her suicidal ideation, and the situation at the mother’s place degenerated to the point that the police had to intervene. [ 9 ] The mother contacted DYP for help as she was overwhelmed, exhausted and worried for her daughter. DYP was informed that

the youth has been in crisis for many days. [ 10 ] The mother would like X to find a summer job and participate in summer camp. She accepts the services for her daughter. She even suggested a shadow in school for X. The youth is not ready to see a psychologist and refused the help of a shadow. [ 11 ] The Court wonders how those summer activities would be of any help to X who is sometimes so depressive as she wants to commit suicide. [ 12 ] If X opens to a psychiatrist, a psychologist or to her DYP’s worker, maybe the crisis will stop and she will resume being happy.

She needs to find out what the triggers are of her crisis. [ 13 ] She needs more structure than the one the parents, despite their love and attachment to X, can provide.

The mother sees that the situation of X impacted the whole family. [ 14 ] Presently, X denied having suicidal ideation, accusing her mother to make that up, although she had to be medevac. [ 15 ] When she was discharged from the hospital, she was placed in a group home where she did not present any physical or verbal violence, or suicidal ideation. [ 16 ] Considering the resurgence of the behavioural difficulties and the seriousness of the physical and verbal violence, as well as the suicidal ideation, DYP recommends the placement of the youth. [ 17 ] Before returning to her parents, X will have to meet with the expectations of the rehabilitation centre, collaborate with the services that will be put in place, attend school and present positive and good behaviour during the home visits. [ 18 ] On their part, the parents will have to maintain regular contact with X, disclose with transparency to DYP any good or bad situation that occurs, support their daughter in signing consents for services, and collaborate with DYP.

The concerns expressed by the parents towards X’s situation reflects their deep love. [ 19 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the proof is sufficient to declare that the security and development of the youth are in danger and that the measures suggested meet her needs and deemed to be in her best interest. THEREFORE AND FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the amended application for protection; [ 21 ] DECLARES that the security or development of X, born on [...], 2009, is in danger pursuant

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f) of the Y.P.A.; [ 22 ] ENTRUSTS the youth to an institution operating a rehabilitation centre, chosen by the Director of Youth Protection; [ 23 ] ORDERS that the youth be gradually returned to her family under the following conditions: - that she meets the expectations of the rehabilitation centre; - that she attends school regularly; - that she collaborates with the services put in place; - that she maintains positive home visits, adopting a good behaviour; - that the parents maintain regular contact with her; - that the parents be transparent regarding any situation that may occur; - that the parents support the youth by signing consents for her to receive the services due to her age; - that the parents collaborate with the Director of Youth Protection; [ 24 ] ORDERS the Director of Youth Protection to begin the reintegration of the youth with her family as soon as the youth and the parents respect the conditions mentioned above; [ 25 ] ORDERS that the contact between the youth and the parents be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 26 ] ORDERS that the youth receive specific health care and health services, namely but not exclusively a child psychiatrist assessment, a psychological assessment and a sexologist assessment, as well as any follow-up suggested by the professionals and as long as deemed necessary by the professionals; [ 27 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their youth’s regard to put an end to the situation in which the security and development of the youth is in danger; [ 28 ] ORDERS that the youth attend a school or another place of learning or participates in a program geared to developing skills and

autonomy; [ 29 ] ORDERS that the youth and the parents take an active

part in the application of any of the measures ordered by the Court; [ 30 ] ORDERS that the youth and the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 31 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 32 ] ENTRUSTS the situation of the youth to the Director who shall then see that the measures are carried out; [ 33 ] THE WHOLE until January 30, 2024. __________________________________ Dominique Wilhelmy, J.C.Q.

M e Camille Striganuk For the applicant M e Geneviève Lucas For the youth M e Jonathan Ellison For the mother Mr. B Father, present and not represented Date of hearing: May 30, 2023