2022 QCCQ 14526, 2022 QCCQ 14526

Protection de la jeunesse — 229003 2022 QCCQ 14526 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001531-125 DATE: June 7, 2022 (written judgment rendered on June 13, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...] , 2006 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A.

Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (Section 95 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to review a decision rendered October 21, 2021, regarding the adolescent X, born on [...], 2006.

At that date the Court declared the security and development still endangered and entrusted the adolescent to a foster family until October 31, 2022. [ 2 ] The DYP submits that the situation does not allow to return the youth to his parents and asks that he be entrusted to a rehabilitation centre with a reintegration in a foster family as soon as the situation allows it, until June 30, 2023. Position of the Parties [ 3 ] Despite being dully served, the parents are absent and not represented. The Court proceeds in their absence. [ 4 ] The youth is present and represented by Me Cassandra Neptune.

He recognizes that his security and development are still endangered and he agrees with the measures. He asks that the reintegration could be done in a foster family in Town A and would like to have more contacts with his mother. History of the Situation [ 5 ] On June 4, 2020 , the Court reminds that the situation of the adolescent was declared endangered since a long time due to physical abuse, psychological ill-treatment and neglect in terms of educational needs he had been the victim of [1] .

In June 2019, the Court had also declared that his situation was endangered due to the abandon from the parents. [ 6 ] The Court also reminds that: [7] The youth is 13 years old and has been through 46 placements since 2010. Among them 34 were regular placements. The youth has been through almost constant instability. [8] Nevertheless he evolves positively and demonstrated a great amount of resilience. [ 7 ] He was in his foster family for more than one year. The Court maintained him in a foster family, ordered that a psychological evaluation be performed and all recommendations be followed.

The Court withdrawn the attributes of parental authority from the parents and granted it to the DYP, the whole until June 4, 2021. [ 8 ] On October 21, 2021 , the Court revised the situation. The application was filed in May 2021. At that moment, the DYP was looking for a majority placement because the youth was evolving very well with his foster parents. Unfortunately, in August 2021, the foster parents became ambivalent regarding their commitment and they finished by giving up. The youth was transferred to Ms. C, the

mother of one of the previous foster parents. She was very happy to have him with her, and the youth was also very happy to be there. X affirms that he does not consume nor plan to consume. He says that he suffered too much due to alcohol and drugs consumption. The Court entrusted him to a foster family and took judicial notice that the DYP planned to maintain him with Ms. C. Facts and Analysis [ 9 ] As it had been ordered, X was entrusted to Ms. C. She was very happy to have him at home. She had only good words about him. [ 10 ] X was also very happy.

He was attending school regularly and was working part-time. [ 11 ] His collaboration with the DYP was described as “superb.” [ 12 ] Unfortunately, the situation changed in February when the DYP received information about a sexual assault X would have committed on a 5-year-old girl fostered in the same house.

The little girl disclosed that it happened a few times. [ 13 ] X was immediately removed from the foster family and entrusted to a Group Home under immediate protective measures and the Court maintained this placement under provisional measures. [ 14 ] He adapted well to his new environment and to his new school. He made friends easily and integrate sports activities. At the centre, he is described as a “model client,” he is respectful and follows the rules.

The teachers in Town B only have positive words about him. [ 15 ] The Court had ordered, in February 2022, that the youth benefit from a psychological follow-up and the DYP looked for a professional that offers services for young sex offenders. Dr. Beltempo psychologist suggested different services. The only one available is the Program Challenges provided by the DYP B. The adolescent was put on the waiting list, but according to the information provided, the follow-up could start in fall 2022 or early in 2023.

While being on a waiting list, the manager of the program does not recommend that the youth receive other psychological follow-ups to ovoid contradictions. [ 16 ] The youth asks to have contact with his mother. The DYP worker made numerous attempts to speak with the mother to organize such contacts, but for many years now, she categorically refuses to speak with a DYP worker. The intervention of the older brother is needed to pass some messages to the mother.

Without having the mother’s collaboration, the DYP worker confirms that X is authorized to communicate directly with his mother if he wishes. [ 17 ] Regarding the reintegration, the DYP will consider the desire of the youth about coming back in Town A. There is also one teacher in Town B who mentioned being ready to foster the youth. X will have to think about that and to inform the DYP worker about what he prefers. Analysis [ 18 ] The situation of the youth continues to be endangered for the same motives as before.

His parents are still not involved and the traumas he suffered in his childhood, as it had been suspected in his psychological evaluation, make him display behavioural issues. [ 19 ] The youth requires specific services and the Court insists on the importance for him to receive such services urgently. Indeed, he has to address his inappropriate sexual behaviour, but it is important to remind that he is not a youth with other kinds of behavioural issues.

If he would not have committed such sexual assault, this youth would still be in a foster family and the foster mother and the other people around him would have only good words about him. [ 20 ] This youth deserves to have the services as soon as possible to be sure that he will not be maintained in a rehabilitation centre only because the service is not available. And when the service has been started, it will be important to re-assess the situation and to see if this service, offered by videoconference, could be provided while he is in a foster family.

FOR THOSE REASONS, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and development of the adolescent X, born on [...], 2006, are still endangered; [ 23 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre; [ 24 ] ORDERS that the youth be gradually reintegrated in a foster family as soon as the situation allows it, in Town A if possible and if it is still the youth’s desire; [ 25 ] ORDERS that the youth and the parents report in person, at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 26 ] ORDERS that the youth receive specific health care and services, notably psychological support; [ 27 ] ORDERS that the psychological follow-up be provided through the Program Challenges, the whole urgently; [ 28 ] ORDERS that the modalities, the frequency, and the degree of supervision of the contacts between the youth and the parents be determined by the Director of Youth Protection; [ 29 ] ORDERS that the youth and the parents take an active

part in the application of the measures ordered by the Court;

[ 30 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the parents and granted to the Director of Youth Protection, namely regarding health, school, extracurricular activities, travelling and passport; [ 31 ] ORDERS that a person working for an institution or a body, provide aid, counselling, and assistance to the youth and the family; [ 32 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 33 ] THE WHOLE until June 30, 2023. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Date of hearing: June 7, 2022