2021 QCCQ 9661, 2021 QCCQ 9661

Protection de la jeunesse — 214331 2021 QCCQ 9661 COURT OF QUEBEC « Youth Division » CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N°: 540-41-006086-200 DATE : FEBRUARY 23, 2021 ______________________________________________________________________ BY THE HONOURABLE LISA LEROUX, J.C.Q. [SOCIAL WORKER 1], Youth protection worker duly authorized by the Director of Youth Protection A, Applicant And X, Born on [...], 2003 Child And A B Parents JUDGMENT Under

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 11.2.1 and 135 Y.P.A.) [ 1 ] The Director of youth protection (hereafter « Director ») presents to the tribunal an application for protection in the situation of the child X.

OVERVIEW [ 2 ] The Director received a report concerning the child’s situation on February 11, 2020, because of her serious behavioral disturbance but also for educational negligence on the mother’s part. The child was 16 years old at the time. [ 3 ] The Director’s assessment reveals the following facts. Firstly, t he child challenges authority in general, especially the rules established at home. Secondly, she is verbally aggressive towards her mother and she can sometimes throw things. As a result, there are many conflicts with her mother, denigration on both sides and physical altercations between them.

Finally, it appears that the mother has difficulty in imposing appropriate limits to the child.

[ 4 ] Both the child and the mother recognize the facts and, because they want help to improve their relationship, the Director comes to an agreement on voluntary measures with them. [ 5 ] However, at some point, the child has to be entrusted to a foster family as the situation continues to deteriorate. [ 6 ] Soon after, the child’s placement in a rehabilitation center becomes inevitable since she is unable to function adequately in her foster family. It is in this context that the application for protection is presented to the tribunal.

ANALYSIS AND DECISION [ 7 ] The hearing on the application for protection begins on September 8, 2020. [ 8 ] On this date, the tribunal declares that the security and development of the child are in danger for the two reasons initially identified.

With the consent of the parties, the tribunal orders that the child be maintained in a rehabilitation center and that a psychological assessment be realised, all for an interim period. [ 9 ] This period of time is intended to better understand the child's needs and to better target the intervention with the family. [ 10 ] The parties are back in court February 23, 2021. [ 11 ] Surprisingly, the father shows up on that day, despite not being present or involved in the child’s life for the past six years.

He testifies that he wants to reconnect with his daughter and be part of her life from now on, a wish shared by the latter. [ 12 ] The evidence shows that the child's difficulties in respecting the structure and the rules are also observed by the educators of the center. Her school attendance is also problematic. [ 13 ] Unfortunately, during the fall, the child finds herself in a sad but worrying situation as her boyfriend sexually and physically abuses her. [ 14 ] The psychological assessment reveals that the child presents severe learning difficulties coupled with intellectual limitations.

A social follow-up is recommended to help the mother develop a more sensitive and empathetic understanding of the child's emotional dynamic, limitations and needs. [ 15 ] The mother collaborates in the follow-up and makes herself available to meet the social worker when required. During the meetings, she usually agrees to the decisions taken in order to help and support her daughter.

On the other hand, if the latter is not in agreement, the mother changes her mind and questions the need for the placement. [ 16 ] Sometimes, the mother mentions that all is well with the child during the contacts, whereas later, she says she is overwhelmed by her behavior.

In this context, it is quite difficult for the social worker to address the initial reasons for the intervention. [ 17 ] Even if the situation remains fragile, the parties accept the measures recommended by the Director, in particular, the return of the child to the mother. [ 18 ] It is important for them to understand that asking for help only when a situation of crisis arises will not resolve, once and for all, the issues in their relationship. [ 19 ] The child is now 17 years old. She has a few months ahead of her before reaching her majority.

The tribunal encourages her to invest in all the services that will be offered to her to improve her situation and develop her full potential. [ 20 ] THEREFORE AND FOR ALL THESE REASONS, THE TRIBUNAL: [ 21 ] DECLARES that the child’s security and development are in danger under

section 38 b) 1) iii) and

f) of the Youth Protection Act ; [ 22 ] ENTRUSTS the child to her mother; [ 23 ] PROHIBITS the mother and the family members from disparaging the child; [ 24 ] PROHIBITS the child from showing aggressive or disparaging behavior towards her mother and family members; [ 25 ] ORDERS the parents to actively participate in the application of the measures ordered and that they report periodically to the Director on the measures they apply to resolve the situation; [ 26 ] ORDERS that the child actively participate in the application of the measures ordered, in particular, by rigorously respecting the agreements and by being involved in the social follow-up; [ 27 ] ORDERS that the services of a community educator be offered to the family as long as deemed necessary; [ 28 ] ORDERS that the contacts between the father and the child be determined by agreement between the parties if they are in the child’s interest, if she wants to see him and if the father collaborates with the social worker. [ 29 ] ORDERS that a person who works for an establishment or an organization provide help, counsel or assistance to the child and her family until [...], 2021; [ 30 ] ORDERS that the mother ensures that the child receives certain health care and services, in particular, a therapeutic follow-up,

if she requests it; [ 31 ] ORDERS that the mother ensures that the recommendations of the psychological assessment can be implemented as soon as possible, especially those concerning the child’s academic progress; [ 32 ] RECOMMENDS that the psychological assessment be translated from French to English for the benefit of the parties; April 23, 2021 __________________________________ LISA LEROUX, J.C.Q. This is the written and reasoned version of the oral judgment handed down on February 23, 2021 in accordance with

section 90 of the Youth Protection Act . Mtre. Sarah BRUTUS Counsel for the Directeur de la protection de la jeunesse Mtre. Marie-Ève TOURIGNY Counsel for the adolescent A Mother B Father LL/hl