r v. B, 2022 QCCQ 11699

Protection de la jeunesse — 226829 2022 QCCQ 11699 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002258-181 DATE: November 7, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on […], 2005 Youth and A (deceased) Mother v. B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (Second paragraph of

section 95 Youth Protection Act , CQLR, 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection applied under s. 95 of the Youth Protection Act [1] for the extension of a decision rendered on August 31, 2021, by the Honourable Dominique Wilhelmy, J.C.Q.

At that time, she declared that the security and development of X were still in danger. [ 2 ] At the hearing, the youth was present by videoconference, and she was assisted by counsel. The father was not present, but he was duly served with the procedures.

Facts: [ 3 ] The father is not involved in the youth’s life. [ 4 ] Since the last Court hearing, the youth remained entrusted to the [unit A] in Town A. [ 5 ] The youth still struggles with some difficult behaviours, notably: i. running away from the Rehabilitation Centre; ii. running away from Youth Protection while visiting the community; iii. using drugs and alcohol while visiting the community; iv. setting the isolation room on fire while visiting the community; v. displaying aggressive behaviours; vi. swallowing a piece of glass; vii. attempting suicide. [ 6 ] Nonetheless, the youth made positive progress during the last measures.

The youth benefited from Dialectical Behaviour Therapy and made great progress with respect to her behaviour.

[ 7 ] On or about October 22, 2021, a meeting was held with the professionals involved in the youth’s life regarding the elaboration of a potential permanency planning in Nunavik. However, at that time, no option was available for the youth as no family member or foster family was available to take care of her. [ 8 ] On or about February 7, 2022, there was a follow-up with the [centre A] to explore the possibility of transferring the youth there, but no confirmation was received. [ 9 ] On or about June 10, 2022, the [centre A] finally gave their consent for the youth to integrate their care.

The integration of the youth will have to be progressive, considering her emotional instability. [ 10 ] The youth’s situation is fragile. She still needs the support of Youth Protection and professional services to evolve positively. She agrees to stay in a rehabilitation centre until she reaches the age of 18 years. She wishes to return to the “A” program. [ 11 ] No issue was submitted to the Tribunal. [ 12 ] The applicant submits that the security and development of the youth are still in danger and asks to add

section 38.1(c). 38.1. The security or development of a child may be considered to be in danger where … (

c) his parents do not carry out their obligations to provide him with care, maintenance and education … 1984, c. 4, s. 18; 1989, c. 53, s. 4; 1992, c. 21, s. 221, s. 375; 1994, c. 35, s. 24; 2017, c. 18, s. 19 . FOR THESE REASONS, THE COURT: [ 13 ] GRANTS this application; [ 14 ] EXTENDS the decision rendered on August 31, 2021; [ 15 ] DECLARES that the security and the development of X are still in danger under

section 38.1 (

c) of the Youth Protection Act ; [2] [ 16 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre, until she reaches the age of 18 years; [ 17 ] ORDERS that the youth and the youth’s father take an active

part in the application of any of the measures ordered by the Tribunal; [ 18 ] ORDERS that the youth and the youth’s father report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 19 ] ORDERS that the youth attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 20 ] ORDERS that the terms, frequency and degree of supervision of contact between the youth and her father be determined by the Director of Youth Protection; [ 21 ] WITHDRAWS the exercise of certain attributes of parental authority from the father and GRANTS them to the Director of Youth Protection, namely regarding health, school, extracurricular activities, travel, and passport; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 23 ] ORDERS the execution of the present judgment by any peace officer; [ 24 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 25 ] THE WHOLE until […], 2023. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre Justine Carli-Trudeau Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Cassandra Neptune Centre communautaire juridique A Counsel for the youth

Date of hearing: November 7, 2022