2017 QCCQ 13439, 2017 QCCQ 13439

Protection de la jeunesse — 175917 2017 QCCQ 13439 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-002110-176 DATE: September 20, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2002 MRS [SOCIAL WORKER 1], youth protection workers, duly authorized by the Director of Youth Protection A, working in City A and City B, Quebec, District A Applicant and MRS A, residing and domiciled in City B, Quebec, District A Mother ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A., R.S.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 ] The Director of Youth Protection A submits the Court a motion asking that the security and development of X, born on [...], 2002, be declared in danger because of the parents’ neglect towards her, the serious risk that the child’s needs would not be provided by her parents and because of her serious behavioural disturbance (section (b) (1) i., iii., (b) (2) and (

f) Y.P.A). [ 2 ] At the hearing, the youth and her mother are present, assisted by Me Cassandra Neptune and Me Marianne Léonard.

Me Aubrée Coutanson represents the applicant. [ 3 ] The evidence that X’s situation is compromised is constituted by the admissions of the parties and the testimony of the social worker, Mrs [Social Worker 1]. [ 4 ] It is proved that in 2016, the Director of Youth Protection was involved in the life of X because of neglect from the mother in term of education and physical needs. [ 5 ] Voluntary measures were signed and the child remained with her mother with services from the Director of Youth Protection. [ 6 ] Since July 2017, the youth’s situation deteriorated.

On five occasions in the past month, she threatened to commit suicide in front of the social worker. [ 7 ] On July 18 and 20, the youth stated that she took pills in order to commit suicide and was consequently confined to isolation room. She was evaluated by a doctor who concluded that she was endangering herself by her acting-out and was displaying serious behavioural issues. [ 8 ] On July 26, she stated she had a plan and that she made a suicide pact with a friend in the village. Consequently, the youth was entrusted to the group home. [ 9 ] The mother is not able to handle the youth for the moment.

The mother displays alcohol related problems. [ 10 ] The youth has a destructive behaviour, consuming alcohol and sniffing gas. She does not attend school on a regular basis. [ 11 ] Considering such evidence, the Court declares the security and development of X in danger for all the motives alleged and proceeds to the applicable measures inquiry. [ 12 ] A social report is filed. The social worker recommends that the youth be placed in a reception centre until September 30, 2018. The mother agrees with the recommendations.

The youth wants to go back with her mother. [ 13 ] The youth has serious behavioural problems. The mother’s personal issues affect significantly her parental capacities. The

mother used to refer her own responsibilities towards her other children to X. [ 14 ] The youth had to carry adult’s responsibilities, and as she does not have an available parent to listen and care for her, she misbehaves and has suicidal ideas. She used suicidal ideas and threats as a way to receive attention and to communicate her unhappiness. [ 15 ] The mother does not acknowledge her issues and is reluctant to seek help. She cannot assume the youth in such context.

CONSEQUENTLY, THE COURT: [ 16 ] DECLARES that the security and development of X are in danger; [ 17 ] ORDERS the placement of X in a reception centre until September 30, 2018 with reintegration with her mother as soon as the situation allows it; [ 18 ] ORDERS the Director of Youth Protection to provide psychological evaluation of the youth and a follow-up if required by the psychologist; [ 19 ] ORDERS the Director of Youth Protection to provide all specific health care and health services she needs; [ 20 ] ORDERS that the youth attend school or any other place of learning or participates in a program geared to develop skills and autonomy; [ 21 ] ORDERS the mother to remain sober in presence of the youth; [ 22 ] ORDERS the Director of Youth Protection to supervise the contacts and visits of the youth with her mother; [ 23 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and her mother until September 30, 2018; [ 24 ] ORDERS to the mother to seek help through social services concerning her alcohol, drugs and personal issues; [ 25 ] ORDERS the police officer to collaborate in the execution of the present order; [ 26 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Aubrée Coutanson Attorney for the applicant Me Marianne Léonard Attorney for the mother Me Cassandra Neptune Attorney for the youth Date of hearing: September 8, 2017