2020 QCCQ 4644, 2020 QCCQ 4644

Protection de la jeunesse — 203557 2020 QCCQ 4644 JN0409 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] «Youth Division» N° : 505-41-009871-205 DATE : May 25, 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE THIERRY NADON, Q.C.J. [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -and- X , born on […], 2003 Child-defendant -and- A, Mother-defendant -and- B, Father-defendant C O R R E C T E D J U D G E M E N T [1]

Section 38 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 (hereinafter the Applicant) applies for protection of the child. She alleges that the child’s security and development are in danger because of serious behavioural disturbance. (38

f) Youth Protection Act (hereinafter YPA). [ 2 ] The Applicant petitions that the child be entrusted to an institution operating a rehabilitation centre along with other protective measures. [ 3 ] The child, mother and father agree with the measures requested. [ 4 ] The child, mother and father made admissions. The parties produced, by consent, numerous reports and documents.

The Child’s Evolution [ 5 ] X is described as “a brilliant, endearing girl who’s able to show introspection, motivation to get better and has potential to follow the right path.” (report of the Applicant, D-4, p. 5). [ 6 ] Her parents are divorced and share the parental responsibilities. [ 7 ] Up until February 20 th , 2020 the child was living with her mother. On that day, the child was sent to a rehabilitation centre. She had consumed drugs and was out of control. She had to be handcuffed in order to be transported to the centre.

The next day, after Court, she was disorganized and was taken to the hospital because of suicidal comments she made. [ 8 ] Upon arrival at the centre, she felt the effects of withdrawal from drugs. That said, at the rehabilitation centre, she has made progress. She collaborated, asked for help when needed and respected the program. She accepted to take

part in a follow-up with Virage for her drug consumption. During her stay, she has not consumed any drugs. She believes that an outpatient program would be enough to help her curb her addiction. [ 9 ] Her drug consumption started with occasional use of marijuana at the age of 12. This has escalated to drugs controlling her life. Her situation is complicated by mental health issues. Those issues appeared early in her life. This has led to hospitalizations. She was diagnosed with ADD and borderline personality disorder. She has also developed an eating disorder.

Unfortunately, her method to get better is drug consumption. She states that she uses drugs to numb the pain. [ 10 ] While residing at her mother’s, she had behavioural disorders that manifested itself by aggressiveness towards her mother, non- compliance with the rules, daily use of drugs, selling of drugs with her boyfriend, absenteeism from school and unhealthy social environment. [ 11 ] The parents lost control over their child. The parents voiced that they were unable to manage the situation. That said, they want the best for their child and are willing to put in all the efforts to help her.

They put in place different services to accompany the child with her personal difficulties. [ 12 ] The child knows she needs help to deal with her addiction and mental health issues. Since the end of March, she has continued to mobilize herself to get better, receiving help from numerous resources. She understands why her parents wanted her to be at the centre. The structure offered by the youth centre acts as an external control that seems to respond to the needs of the child. [ 13 ] The parents want her to get help before coming back home.

The child’s desire is to come back home and prove to her parents she can get better. The plan is for the child to go back to her parents after a period at the centre. That said, this will be a challenge for the child who works better when in a structured milieu. [ 14 ] The Court, after considering the whole of the evidence, the admissions and the position of the parties, concludes that it is in the interest of the child to render the following measures.

FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the present Application; [ 16 ] DECLARES that the security and development of the child X are in danger for the following reason: serious behavioural disturbance (38

f) YPA); [ 17 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A for a period of three (3) months; [ 18 ] ORDERS , as of May 25 th, 2020, and for a period of three months, a progressive and complete return of the child in her family environment, [ 19 ] ORDERS that after the three month period, the child be entrusted to her parents; [ 20 ] ORDERS that the contacts between the child and her parents be following agreement between the parties; [ 21 ] ORDERS that the child and her parents take an active

part in the application of the measures ordered; [ 22 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and her family; [ 23 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the judgment to intervene herein;

[ 24 ] THE WHOLE , for a period of six (9) months. Signed on _______________ 2020 ________________________________ Thierry Nadon, J.C.Q. Mtre Simon Primeau-Laganière Attorney for the DYP Mtre Karyn Brown Attorney for the Child Date of hearing : May 25th, 2020