2017 QCCQ 17373, 2017 QCCQ 17373

Protection de la jeunesse — 177515 2017 QCCQ 17373 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-029481-157 Date: October 3, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2003 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother The parent JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of October 3, 2017, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was also presented with a similar application regarding the adolescent’s sibling whose situation is addressed in a separate judgment. [ 3 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on January 10, 2017, whereby the now thirteen year-old adolescent, X , was entrusted to the care of her mother with aid, counsel and assistance, for a period of nine months. [ 4 ] The facts alleged in support of the Application for extension dated July 12, 2017, are as follows: 3.1. on February 14, 2017, while the worker was present in the home, the mother attempted suicide by consuming a large dose of her psychiatric medication, Abilify; 3.2. the mother remained hospitalized in the Psychiatric Ward until on or around March 20, 2017; 3.3. on March 31, 2017, the mother attempted to jump off an overpass, subsequent to which she was hospitalized; 3.4. she remained hospitalized until on or around April 14, 2017; 3.5. since that time, the mother now receives an injection of her psychiatric medication every three weeks; 3.6. the mother also continues to see her psychiatrist every Friday and occasionally attends a group with her occupational therapist on Thursdays; 3.7. since that time, the mother’s situation seems to have stabilized; 3.8. serious concerns exist with regards to the adolescent’s older sister, Y, regarding her mental health, more particularly but not restrictively in that:

a) she has been exhibiting argumentative and conflictual behaviours with the adolescent, with hospital staff, with neighbours and the

delegate;

b) she has kicked B out of her room;

c) she continuously plays music loudly and she has been heard yelling to no one in particular behind closed doors;

d) the adolescents have heard her speaking to herself;

e) she refuses to submit to any type of assessment concerning her mental health; 3.9. despite all these difficulties, the adolescents have been able to cope reasonably well; 3.10. the adolescents continue to refuse to receive any type of therapeutic services; 3.11. given the ongoing difficulties, involvement by social services is warranted (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to the care of her mother, with aid, counsel and assistance, as well as additional corrective measures, until June 30, 2018. [ 6 ] The mother, assisted by Me Brunet, made a general admission and consented to the proposed measures. [ 7 ] The adolescent’s father is not declared on her birth certificate. [ 8 ] The adolescent, assisted by Me Piriou, admitted or ignored the alleged facts and also agreed to the proposed measures. [ 9 ] The Director filed Exhibits D-6 and D-7 as evidence: D-6: Court Report, prepared by [Social Worker 2], dated June 27, 2017; D-7: Addendum, prepared by [Social worker 1], dated September 28, 2017. [ 10 ] In

summary, the facts alleged are not disputed. The mother is receiving treatment for her illness and the Director’s continued involvement remains necessary to ensure that a safety net is in place for the adolescent. [ 11 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of the adolescent, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 14 ] ORDERS that the adolescent remain entrusted to the care of her mother; [ 15 ] STRONGLY RECOMMENDS that the mother continue to collaborate with her healthcare and service providers and follow though with their recommendations; [ 16 ] ORDERS that the family’s safety plan be reviewed, maintained and implemented, if necessary; [ 17 ] AUTHORIZES the Director of Youth Protection to share and obtain relevant information from the professionals involved with the family; [ 18 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and her family; [ 19 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 20 ] THE WHOLE until June 30, 2018.

TAYA DI PIETRO, Q.C.J.

Me Edith Zavodni Attorney for the Director of Youth Protection Me Sylvie Piriou Attorney for the adolescent Me Richard Brunet Attorney for the mother TD/vl