2022 QCCQ 7885, 2022 QCCQ 7885

Protection de la jeunesse — 224059 2022 QCCQ 7885 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] « Youth Chamber »

N° : 505-41-004517-068 DATE : June 6, 2022 ______________________________________________________________________ BY THE HONORABLE MÉLANIE ROY ______________________________________________________________________ X , born on […], 2006 [SOCIAL WORKER 1], duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -and- A -and- B, Parents ______________________________________________________________________ JUDGMENT Art. 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 9.2 and 9.3 and 135 Y.P.A.). [ 1 ] The child is 16 years old. She is entrusted to a rehabilitation centre according to the last Court order rendered on September 9, 2021. [ 2 ] The Director of Youth Protection (the Director) petitions the Court with an application for revision and extension of its last decision. [ 3 ] She alleges that the child still demonstrates serious behavioural disturbances and recommends that she remain in placement for a period of six months. [ 4 ] The parents are not present at the hearing.

The Court allows the Director to proceed in their absence. [ 5 ] The child is present and accompanied by Ms. D, her foster-care mother. She agrees with the recommendations. [ 6 ] The evidence reveals that since the last Court hearing, the child has been residing at the A Group Home in the Country A. [ 7 ] The child still struggles with her psychological well-being. Over the last few months, she has had a few suicidal ideations and she has self-mutilated on some occasions. [ 8 ] She also struggles with her attitude toward staff and other residents and she has difficulties following the rules. Her moods

fluctuate and are, at times, explosive. [ 9 ] The situation at school is also problematic as she is failing all of her classes. [ 10 ] Sadly, in January 2022, Mr. C, the foster father, passed away. The child had a close relationship with him and she is grieving. The situation is extremely difficult for the child and her foster family. [ 11 ] The child’s relationship with her foster mother continues to be strained. At one point, Ms. D requested not to have the child on weekends because her behaviours were unmanageable.

However, maintained that she wanted to visit her ate the group home. [ 12 ] At the end of April 2020, the child was discharged from the A Group Home for not following the rules. She was then transferred to a French unit in a region A rehabilitation centre. [ 13 ] She is now residing at Centre A and gets support from an English-speaking educator. [ 14 ] Recently, she got into trouble for having contacts with a 14 years old girl, Y, she met in Town A and with whom she had a romantic relationship. The girl’s parents are in total disagreement with the relationship and do not want them to have contacts. [ 15 ] Ms.

D testified at the hearing. She explained that she is ready to start family therapy. She wants to have the child back at her home eventually, but is not ready for the moment. She fears the child’s violence and aggressiveness. [ 16 ] The child continues with her individual counselling with a social worker from A Community Services.

She has a trusting relationship with the social worker and this has been progressing. [ 17 ] There is a request for a psychological evaluation, to confirm the diagnosis she received in May 2021 and make sure she receives the right treatment plan. [ 18 ] The child had a few contacts, mostly via emails, with her father. The relationship is difficult, and the contacts are not always positive. [ 19 ] The child has been visiting her eldest sister, Z. The father accuses Z about speaking badly about him and feels that this is the reason why the child does not want a relationship with him.

This creates animosity between the three of them. Unfortunately, this causes unnecessary stress as the child must deal with this situation instead on focusing on herself. [ 20 ] The child’s situation commands the extension of the protective measures. She has gone through a lot past few months and she is still grieving the loss of her foster father. She is away from home and her feelings of abandonment have been prevalent.

She needs to continue to work on understanding herself and her identity. [ 21 ] She stills need counselling and support to help her deal better with her emotions before she can return to live with her foster mother. Family therapy that has been put on hold because of the tragic event will certainly help the child and Ms.

D work on their relationship and regain each other’s trust. [ 22 ] After having received the admissions, after considering the reports produced and the testimonies received, the Court concludes that the security and development of the child are still in danger and that the situation justifies the measures sought.

FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the application; [ 24 ] REVISES AND EXTENDS the Court order rendered on September 9, 2021; [ 25 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the Director of Youth Protection of A; [ 26 ] ORDERS that the contacts between the child and her father be following agreement between the parties; [ 27 ] ORDERS that the contacts between the child and her foster family, Ms D, be following agreement between the parties; [ 28 ] ORDERS that the contacts between the child and her extended family be following agreement between the parties; [ 29 ] FORBIDS any contact between the child and her mother; [ 30 ] ORDERS that the child and the father meet on a regular scheduled basis with the Director of Youth Protection to update their situation; [ 31 ] ORDERS that the child receive health care and health services, namely a psychological assessment and follow recommendations; [ 32 ] RECOMMENDS that the family therapy can start between the child and her foster-care family; [ 33 ] RECOMMENDS that the child continues with her A Community Services support counselor and follow recommendations; [ 34 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and AUTHORIZES Ms.

D to sign alone all authorizations required for school, recreational, extra-curricular or travel purposes, including the application for a passport;

[ 35 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and her family; [ 36 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre intégré de santé et services sociaux A for the execution of the measures. [ 37 ] THE WHOLE, for a period of 6 months. __________________________________ MÉLANIE ROY, J.C.Q. Me Adrienne Fournier-Sirois Attorney for the Director of Youth Protection Me Nancy Côté Attorney for the child/adolescent Me Gisèle Tremblay Attorney for the father Hearing date : June 6, 2022 Judgement signed on : July 13, 2022