2023 QCCQ 8547, 2023 QCCQ 8547

Protection de la jeunesse — 232772 2023 QCCQ 8547 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000972-234 DATE : MAY 2 nd , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2006 Child and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A Health and Social Services A, working in Town A; Applicant and A B , Parents . JUDGMENT

Article 38 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits an application under

section 38 of the Youth Protection Act (YPA) asking

the Court to declare that security and development of the youth are endangered under

section 38 ( b ) (2) and 38 (

f) of the YPA. [ 2 ] The Director asks the Court to order that the youth be entrusted to a foster home for a period of six months along with supporting measures including aid, counselling and assistance to the child and the child’s family for a period of six months. [ 3 ] M e Wylde on behalf of the mother admits some facts, denies, and ignores others. She agrees that her daughter be entrusted to a foster family respecting her daughter’s wishes. [ 4 ] The youth admits the essential of the alleged facts.

She wants to remain in foster home, and she agrees with all the proposed recommendations . [ 5 ] The youth wishes to be in relation with her mother but she asks her to work on her issues. [ 6 ] The youth contests having serious behavioral disturbances and that her security and development are endangered under

section 38 (

f) of the YPA. [ 7 ] The evidence reveals the following facts. [ 8 ] X is 16 years old. She is a very clever and a bright youth. She wants to become a nurse and to travel around the world. [ 9 ] Before her situation was reported to the Director of Youth Protection on March 2023, she was living with her mother. [ 10 ] Her parents separated in 2010.

Her father lives in Town B in Ontario. [ 11 ] In March 2023, the situation of the youth was reported to the Director of Youth Protection regarding the youth being thrown out from the house by the mother. [ 12 ] The mother claims this happened during an argument and that she had no intention of kicking her out. She just asked her to leave. [ 13 ] Moreover, the youth testified that this same scenario had occurred in the past. It was not an isolated act on her mother’s part. This happened several times. [ 14 ] On the same day the Youth Protection worker went inside the home to pick up the youth belongings.

There was a strong odor of marijuana inside the house. [ 15 ] The evidence reveals that since August 2022, the youth has been kicked out by the mother in similar circumstances at least five times. Each time she had to find a place to stay for a few days before she could return home.

During these absences, the mother never tried to contact her daughter to find out about her well being. [ 16 ] The Director alleges that the youth has behavioral disturbances based on the fact that the youth has had suicidal ideations. [ 17 ] The evidence reveals that she had suicidal ideations following her conflictual and unstable relation with her mother. X testified and she explained that her mother kicked her out of the house on many occasions. This made her feel isolated, questioning herself on her place in the world. She felt her mother not caring about her mental wellbeing. She felt emotional rejection.

She had suicidal ideations. [ 18 ] The youth has been seriously and repeatedly subjected to behavior on the part of her mother that caused her harm, and the mother did not take the necessary steps to put an end to it. [ 19 ] The security and development of the youth are endangered under

section 38 (

c) of the YPA. [ 20 ] The youth’s suicidal ideations are a direct consequence of the mother’s abusive behavior towards her daughter. The mother through her repetitive behaviors does not care about the impact she may have on her daughter’s mental well-being. [ 21 ] The youth’s suicidal ideations are a medical problem not a behavioral problem on the part of the youth. [ 22 ] The suicidal ideations must be addressed, the youth is ready and willing to do so. She wants to get help. [ 23 ] All parties acknowledge that her security and development are endangered under

section 38 ( b ) (2) of the YPA- serious risk neglect on the mother’s part with regards with her unresolved neglect and her substance abuse that she doesn’t recognize. MEASURES [ 24 ] On March 29 th , 2023, the Court ordered that the youth be entrusted to a foster home. Since then, she remained in her current foster family, she wants to stay there. [ 25 ] [Social Worker 1], Youth Protection worker, in his orientation report [2] analyses the situation in the following terms: Since X was placed in foster home, she is doing well. She requests to see the Social Worker at the school.

She is receiving support from her current foster family by seeking counseling. She has started work. She still attends school on a regular basis and continues to receive services. [ 26 ] Given the whole evidence, the consent of the parties to the measures, the age of the youth, her consent to the measures, the Court concludes that the recommendations are in the interest of the youth.

THEREFORE, THE COURT : [ 27 ] GRANTS the Application; [ 28 ] DECLARES that the security and development of X born on [...], 2006 are endangered under

section 38 ( b ) (2) and 38 (

c) of the Youth Protection Act ; [ 29 ] ORDERS that the adolescent be entrusted foster care for period of six (6) months ; [ 30 ] AUTHORIZES the reintegration under the mother’s care if the situation allows it; [ 31 ] ORDERS that the contacts between the mother and the adolescent take into consideration the adolescent’s needs, her interest and her wishes; [ 32 ] ORDERS the Director of Youth Protection to support the youth with regards to her relationship with her mother, taking into consideration her needs, her interest and her wishes; [ 33 ] ORDERS that the adolescent receive specific health care and health services to answer her needs namely, a psychological follow-up; [ 34 ] ORDERS the mother to seek help for her personal issues, for her consumption issues and for her parental capacities namely, through intense family therapy; [ 35 ] ORDERS the mother to seek services to stabilize her living situation; [ 36 ] AUTHORIZES the Director of Youth Protection obtain and share information with service providers working with the children and the child’s parents; [ 37 ] ORDERS that aid, counselling and assistance be provided to the children and the child’s family for a period of six (6) months; [ 38 ] The whole, until November 2 nd , 2023 ; [ 39 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection for the execution of the present order. ___________________________________ LUCIE GODIN, J.C.Q.

M e Magdalena Lempicka Attorney for the Director of Youth Protection M e Fanny Wylde Attorney for the mother Father absent, not represented M e Marie-Josée Ayoub Advocate for the child Date of hearing : May 2 nd , 2023