2021 QCCQ 10901, 2021 QCCQ 10901

Protection de la jeunesse — 216102 2021 QCCQ 10901 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 000947-199 DATE: June 8, 2021 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2004 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on June 8, 2021. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend and revise the order rendered by the Honourable Lucie Godin on May 14, 2020. [ 3 ] On March 15, 2021, the Director recommended that the adolescent remain entrusted to a rehabilitation centre and that support measures be ordered until March 31, 2022. [ 4 ] The parents were of the opinion that their daughter should return home, to her community.

They also respected the adolescent’s wish to be entrusted to her aunt, Mrs. C. [ 5 ] The adolescent wished to return to her community and suggested to be entrusted to the home of her aunt, Mrs. C. In the event that the Tribunal was maintaining her in a rehabilitation centre, she would have preferred to go to Town A then to stay in Town B. [ 6 ] On March 15, 2021, the Tribunal rendered an interim order to facilitate the assessment of Mrs. C as a potential resource.

The Tribunal also ordered that the adolescent’s psychological assessment be ready for the next hearing. [ 7 ] Today, the Director recommends that the adolescent remain in a rehabilitation centre and that support measures be ordered until June 14, 2022. [ 8 ] The parents and the adolescent are of the opinion that the adolescent should return in her community and that she could be entrusted to Mrs. D. Questions in litigation [ 9 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? [ 10 ] Can the adolescent be integrated in Mrs. C’s care?

Context and Analysis [ 11 ] The adolescent has continued to consume marijuana. [ 12 ] On June 6, 2020, the adolescent was found at night in the community with other adolescents, past the curfew. She had to be driven back home. [ 13 ] During the night of July 20, 2020, the adolescent was found with other teenagers, in the engine room of house 118-B. [ 14 ] On September 12, 2020, the adolescent made suicidal verbalizations. She was brought at the nursing to speak to a social worker.

She disclosed that her mother’s alcohol intoxication was triggering her. [ 15 ] On November 9, 2020, the adolescent made new suicidal verbalizations. She expressed that “ she was tired of her parents always drinking and always fighting [1] . ” [ 16 ] On November 19, 2020, the Youth Protection worker intervened as the adolescent had posted a video on Facebook in which she was cutting her veins. This event would have happened a few days ago and the cuts were observed as superficial. [ 17 ] On December 25, 2020, the police had to intervene as the adolescent made new suicidal verbalizations.

When the police arrived at the family residence, they observed that the mother was intoxicated. The adolescent was eventually brought to speak to a social worker at the Landholding. [ 18 ] On January 2, 2021, the police received information that the adolescent had made suicidal verbalizations and that she was looking for a gun. When the adolescent was finally located, the Youth Protection worker and the police brought her to the nursing.

She experienced visual and auditory hallucinations and was medically evacuated to Town C. [ 19 ] On January 7, 2021, immediate protective measures were invoked to maintain the adolescent in the hospital. [ 20 ] On January 8, 2021, the adolescent tried to commit suicide with a rope, at the hospital. Following this event, the adolescent was able to identify that her mother’s alcohol consumption was a trigger. [ 21 ] On January 13, 2021, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. On the same date, the adolescent met Dr. Larose, child psychiatrist.

She then disclosed that she was “ tired of her parents’ alcohol consumption and the conjugal violence at home [2] .” [ 22 ] On February 7, 2021, the rehabilitation centre staff found the adolescent in her room, trying to strangle herself with a crochet yarn around her neck. Since, she adjusted to the centre’s routine and functioning. [ 23 ] The parents still struggle with alcohol consumption issues. [ 24 ] On December 5, 2020, X called the police reporting that there was a fight in the home.

When the police arrived at the apartment, the father reported that the mother came back home intoxicated and that she had been breaking things in the kitchen. [ 25 ] On December 22, 2020, the police had to intervene at the family’s residence. The father reported that X pushed her mother on the corner of a wall. Both X and the mother then went away. The mother was found in the community. She reported that the father had hit her in the face because she was fighting with X.

During this incident, the mother was intoxicated. [ 26 ] The parents have not yet taken any formal steps to address their personal issues. [ 27 ] The family benefited from the support from an external educator, Ms. [Social worker 3]. [ 28 ] The mother is collaborating with the social follow-up. She met with the Youth Protection worker and was able to recognize that her own alcohol consumption is the main issue in her family. During her testimony, she recognized consuming once per week, 8 beers at a friend’s place.

Since January 2021, she decreased her alcohol consumption. [ 29 ] The father is collaborating minimally with the Director. He minimizes the problematic situations of his family. During the January 2, 2021, intervention, he refused to unlock the door to the police and the Youth Protection worker who were looking for X. [ 30 ] The adolescent’s suicidal ideations are directly related to her parents’ issues.

The adolescent wishes to stay in an environment free of alcohol and violence. [ 31 ] During her testimony on March 15, 2021, the Youth Protection worker recognized that she did not have a lot of information regarding the proposed resource as she had not been able to have a conversation with Ms. C. Despite several attempts, she had been unable to reach her. Despite Judge Bigué’s order for the adolescent to take

part in a psychological assessment, the Youth Protection worker has not made such request. [ 32 ] During the March 15, 2021 hearing, Mrs. C mentioned that she would be available to care for her niece. The adolescent would have her own room to sleep. Mrs. C was willing to be evaluated as a potential resource and to collaborate with the Director. [ 33 ] Since March 15, 2021, the adolescent made some gains in terms of better communicating her emotions. Still on March 16, 2021, she had suicidal ideations.

On March 17, 2021, she injured herself by banging her head on a glass window. [ 34 ] On March 23, 2021, the Director learned that the adolescent’s sister had passed away in Town A. From March 30 to April 7, 2021, the adolescent travelled to Town D for the funeral and to visit the family. During that time, the parents remained sober.

[ 35 ] Following the adolescent’s visit to her parents’ place from May 19 to May 24, 2021, the mother refused to escort her daughter back to Town E as it was planned. On May 25, 2021, the Youth Protection worker learned that the parents got intoxicated the night of May 24, in the adolescent’s presence. The police had to intervene on two different occasions during that night because the parents were fighting.

During this intervention, the adolescent ran away from the house. [ 36 ] At the rehabilitation centre, the adolescent tends to hide objects that are not allowed in her room. [ 37 ] On May 25, 2021, the adolescent had to call the police as her parents were fighting with each other. At the time, both parents were intoxicated with alcohol. [ 38 ] On April 28, 2021, Dr. Beltempo, psychologist met with the adolescent. He reported that the results and recommendations made in his 2019 assessment were still valid.

In his report, he mentions the following [3] : “Given that (the adolescent) does not learn from experience, except in concrete ways and cannot generalize from her experience, it puts more responsibility on the external environment to provide that support and structure. (…) we are concerned that if she returns to an unsupported, unsafe family and social environment then she will once again regress.” [ 39 ] In his testimony, Dr. Beltempo mentions that “ where she is right now is the best place for her, given the circumstances ”. She needs a lot of supervision and is learning from that structure. Dr.

Beltempo’s mandate did not include meeting and assessing Mrs. D’s milieu. [ 40 ] The Director started the process to assess Ms. C as a potential foster family for the adolescent. On April 29, 2021, Ms.

C confirmed that she was no longer ready to take this responsibility. [ 41 ] The Director maintains that a placement in a rehabilitation centre is still required in order for the adolescent to acquire proper tools to better manage her emotions; to acquire tools to express herself and to learn how to make better choices. [ 42 ] The Youth Protection worker recognized that since March 2021, the adolescent made some gains. She’s learning to respect rules and to deal with her emotions.

Despite her sister passing away in March and her parents consuming alcohol during her visit on May 25, 2021, she presented with appropriate emotions; she was sad but not suicidal. [ 43 ] The Tribunal is certain that the adolescent would benefit from the rehabilitation centre’s structure and environment, but Mrs. D presented a viable option, able to provide support, structure and safety to the adolescent. The Director has decided to reintegrate Mrs. D’s 17 year old daughter to her care in March 2021. This shows that the Director is of the opinion that Mrs. D can at least provide structure for her own daughter.

The Tribunal is certain that Mrs. D will continue to be transparent and collaborate with the Director. Consequently, the Tribunal considers that it is possible for the child to integrate the milieu of Mrs. D.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 44 ] GRANTS the application for extension; [ 45 ] DECLARES that the security or the development of the adolescent is still endangered; [ 46 ] EXTENDS the order rendered on May 14, 2020 by the Honourable Lucie Godin; [ 47 ] ORDERS that the adolescent be entrusted to a rehabilitation centre for a maximum period of two weeks; [ 48 ] ORDERS , within two weeks, that the adolescent be progressively integrated to the care of Mrs. D; [ 49 ] ORDERS , following the period of two weeks, that the child be entrusted to Mrs.

D’s care; [ 50 ] ORDERS that the adolescent receive specific health care and health services such as a follow-up with a youth psychiatrist or other specialist according to the professional recommendation; [ 51 ] ORDERS that the adolescent, her parents and Mrs. D receive the services of an external educator for the period deemed necessary by the professionals; [ 52 ] ORDERS that the adolescent and her parents take an active

part in the application of any of the measures ordered; [ 53 ] ORDERS that the adolescent and her parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 54 ] RECOMMENDS that the parents seek formal help through the Social Services or another resource deemed appropriate concerning their personal issues and parental capacities; [ 55 ] ORDERS that the parents remain sober and refrain from any kind of violence in the presence of the adolescent; [ 56 ] ORDERS that the contacts between the adolescent and the parents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 57 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits to the parents’ home when the adolescent is visiting;

[ 58 ] AUTHORIZES the Director of Youth Protection to access the information regarding the adolescent and her parents’ presence at appointments with professionals and their level of involvement with the services provided; [ 59 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 60 ] THE WHOLE until [...], 2022; [ 61 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett Counsel for the adolescent Mtre Ève Laoun Counsel for the mother Mtre Ève Laoun Counsel for the father Date of hearing: June 7, 2021