2016 QCCQ 10944, 2016 QCCQ 10944

Protection de la jeunesse — 164780 2016 QCCQ 10944 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 635-41-000707-163 DATE: August 15, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2000 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, residing and domiciled in Town A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 38, 75 and 91 YPA, RSQ 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 11.2, 11.2.1 and 135 YPA). [ 1 ] The Director of Youth Protection of the A C.Y.P.C. asks the Court to declare the security and development of X, 16 years old, in danger with regard to

section 38 (

f) of the Youth Protection Act. [ 2 ] At the hearing, the youth and her parents are present. Me Cassandra Neptune assists the youth and Me Geneviève Apollon the applicant. [ 3 ] The youth and the parents admit most of the allegations and acknowledge that the youth's security and development are in danger. [ 4 ] Since last February, the situation of X deteriorates. At the time, she was victim of a sexual assault by an adult male who is, since the charges pressed, detained.

She also declared having been sexually assaulted when she was 8 years old, but could not remember who was the abuser. [ 5 ] Then, she stopped attending school and consumed marijuana on daily basis. She also auto-mutilates her arms and her legs. [ 6 ] In May, her friend committed suicide and following that even, she made threats to commit suicide with two other friends and they ran out their homes. Police, social worker, nurses and other community members spent the night searching for them, and when they were found, they were transferred to Town A.

X's parents did not participate in the search for their daughter. [ 7 ] The parents are unable to provide the supervision X needs. [ 8 ] Since May, the youth was placed in a reception centre and she is doing well. [ 9 ] After declaring the security and development of X endangered, the Court proceeds to the applicable measures.

A social report and a medical report from Dr Larose, child psychiatrist, are filed. [ 10 ] Considering the improvement in her situation during her placement at the reception centre, the mother's will to be more available to her daughter, to offer a better supervision and to develop her parental capacities, the social worker amended her recommendations and she now recommends that X remain with her parents with different services such as a social follow-up, a psychiatric and medical follow-up. [ 11 ] The parties agree with such measures. [ 12 ] After the analysis of the evidence, THE COURT:

[ 13 ] DECLARES the security and development of X in danger; [ 14 ] REMAINS the youth with her parents; [ 15 ] ORDERS the Director of Youth Protection to provide the youth and her family the services of an external educator; [ 16 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and her parents until April 30, 2017; [ 17 ] ORDERS the parents and the youth to collaborate intensively with the measures provided and to meet the social worker regularly; [ 18 ] ORDERS that X beneficiate of all the medical and psychiatric services she might needs; [ 19 ] ORDERS the police to collaborate to the execution of the enactment; [ 20 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Geneviève Apollon Attorney for the applicant Me Cassandra Neptune Attorney for the youth Date of hearing: July 14, 2016