2017 QCCQ 13434, 2017 QCCQ 13434

Protection de la jeunesse — 175912 2017 QCCQ 13434 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 635-41-000804-176 DATE: September 20, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2001 MRS [SOCIAL WORKER 1] AND MRS [SOCIAL WORKER 2], youth protection workers, duly authorized by the Director of Youth Protection A, working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother and MR B, residing and domiciled in City A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A., 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A asks the Court to declare the security and development of X, 16 years old, in danger because her parents fail to provide her with the appropriate supervision she needs, because she was sexually abuse and the parents fail to take the necessary steps to put an end to the situation and because of the serious behavioural disturbance of the youth (section 38 (b) (1) iii., (d) (1) and (

f) Y.P.A.). [ 2 ] At the hearing, the mother and the youth are present, assisted by Me Marianne Léonard and Me Cassandra Neptune. Me Geneviève Apollon represents the applicant. The father is absent, even if duly served. [ 3 ] Following the admissions made by the mother and the youth, the Court declares the security and development of the youth in danger with regard to

section 38 (b) (1) iii., (d) (1) and (

f) Y.P.A. [ 4 ] It is proved that the youth has an alcohol consumption problem, that she consume marijuana on a daily basis and that she is not attending school regularly. [ 5 ] The youth often gets intoxicated to a point of not remembering what happens.

Then, the youth puts herself in danger of being victim of sexual and physical abuse. [ 6 ] On June 27, 2017, the youth reported a sexual abuse that occurred earlier that day while she was intoxicated by alcohol. [ 7 ] On July 21, she reported another sexual abuse that had happened to her on July 3 while she was again intoxicated by alcohol. [ 8 ] Also, in the last eight months, the youth was hospitalised for suicidal ideations on seven occasions. [ 9 ] The youth refuses services from the Director of Youth Protection. [ 10 ] The parents are not able to provide enough supervision and structure to stop the youth in her behaviours. [ 11 ] On applicable measures inquiry, a social study is filed and the social worker [Social Worker 2] testifies. [ 12 ] Since August 5, the youth is placed provisionally in a reception centre.

Even though, she does not acknowledge all her problems and their seriousness. [ 13 ] Evidence reveals that the youth lacks parental supervision. She is often left alone. She drinks regularly and also her parents are

drinking alcohol regularly. [ 14 ] During her provisional placement, the youth tried twice to commit suicide. She was transferred on August 3 at Oasis group home in Montréal. [ 15 ] The youth has many traumas and was raised in an environment where she lacks care and supervision. She started to drink at 8 years old and smokes weed every day since she was 11 years old. She has also to deal with her brother’s death. She does not respect rules at home and at school when she attends and gets into fights with her siblings. The youth never expressed her emotions to her family.

Her parents never took any step to inquire about those. [ 16 ] Considering all the specific needs of the youth, it is urgent to provide her a stable, safe and structured setting, psychological and medical services. [ 17 ] Considering the seriousness of the youth’s problems and what the parents have to do to develop their parental capacities, the Court orders the placement of the youth in a reception centre for nine months. The duration recommended in the report would not be sufficient in the circumstances because of the youth’s reluctance to collaborate and open up.

The Court considers that the duration of nine months is minimal in such circumstances.

THEREFORE, THE COURT: [ 18 ] DECLARES that the security and development of X are in danger; [ 19 ] ORDERS the placement of X in a reception centre for nine months, until June 26, 2018, with progressive reinsertion with her parents if the situation allows it; [ 20 ] ORDERS the Director of Youth Protection to provide a medical, psychological and psychiatric evaluations of the youth and follow-up if required; [ 21 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the parents and the youth until June 26, 2018; [ 22 ] RECOMMENDS the parents to seek help from social services concerning their personal issues and to develop their parental capacities; [ 23 ] ORDERS the youth and the parents to collaborate actively with the social worker; [ 24 ] ORDERS the police officer to collaborate in the execution of the present order; [ 25 ] 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 Marianne Léonard Attorney for the mother Me Cassandra Neptune Attorney for the youth Date of hearing: September 6, 2017