2022 QCCQ 14410, 2022 QCCQ 14410

Protection de la jeunesse — 229068 2022 QCCQ 14410 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002732-219 DATE: June 8, 2022 (written judgment rendered on June 23, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2004 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother ______________________________________________________________________ JUDGMENT (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 (DYP) asks the Court to declare that the security and development of the adolescent X, born on [...], 2004, are endangered under paragraph (

f) of

Section 38 [1] of the Youth Protection Act . [ 2 ] The DYP asks to entrust the youth to a rehabilitation centre until her majority with a reintegration in her social environment, as soon as the situation allows it. Position of the Parties [ 3 ] The mother is absent, but represented by Me Angèle Tommasel. She recognized that the situation of her daughter is endangered and she agrees with the measures. [ 4 ] The youth is present and represented by Me Cassandra Neptune. She recognizes that her security and development are endangered and she agrees with the measures.

Facts [ 5 ] The adolescent admits the following facts: 4.1. Mr. B, the undeclared father of the youth, deceased last summer; 4.2. Since then, the mother is rarely in the community and is having difficulties taking care of the youth; 4.3. The youth has been displaying serious behavioral problems, notably: i. Displaying aggressive behaviour; ii. Displaying impulsive behaviour; iii. Not respecting the authority; iv. Consuming drugs; v. Consuming alcohol; 4.4. On October 23, 2021, the youth’s boyfriend was arrested by the police; 4.5.

On that occasion, the youth displayed violent behaviours against the police officers while she was intoxicated in order to be arrested with her boyfriend;

4.7. Once at the police station, the youth encouraged the other people to be aggressive towards the police officers and destroyed a wall; 4.10. On October 26, 2021, the youth was released with conditions, notably to reside in a rehabilitation center and to remain detained until she integrates a rehabilitation center, as it appears from a copy of the release order, filed as Exhibit D-3; 4.14. The youth needs a structured environment with services in order to address her issues; Analysis [ 6 ] The youth admits all the facts that justify a declaration of endangerment under the Youth Protection Act .

Indeed, she displays very worrisome behaviours and she put her at risk. [ 7 ] Without being fully aware of her daughter’s situation, the mother also recognized the situation of endangerment. [ 8 ] The youth needs rehabilitation services to be able to anticipate her coming-soon adulthood. [ 9 ] Since the report and despite the DYP intervention, the mother is still not in a position to have her daughter back under her care and she acknowledges it. [ 10 ] The hearing was postponed a few times because X was not ready to express her desire for her future.

The DYP would like to go according to her desire, but she changed her mind many times between going back to the North, continuing her studies in Town A, having her own apartment, living with a foster family, etc. A foster family in Town A had been found, but for different reasons it did not work (administrative reason, X not being ready, the foster mother being too busy, etc.). [ 11 ] Just before the hearing X had decided to stay in Town A and to continue her studies there.

She would be interested to progressively integrate her own apartment, but she wants to maintain contact with the foster mother that had been found. FOR THOSE REASONS, THE COURT: [ 12 ] GRANTS the application; [ 13 ] ORDERS the Director of Youth Protection to file the adolescent’s birth certificate upon reception; [ 14 ] DECLARES that the security and development of the adolescent X, born on [...], 2004, are endangered under paragraphs (b) (1) iii and (

f) of

Section 38 of the Youth Protection Act ; [ 15 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre; [ 16 ] AUTHORIZES a reintegration in her social environment as soon as the situation allows it; [ 17 ] ORDERS that the youth be assisted by the Director of Youth Protection in an independent life plan; [ 18 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the youth and the mother be supervised by the Director of Youth Protection; [ 19 ] ORDER that the youth and the mother take an active

part in the application of the measures ordered by the Court; [ 20 ] ORDERS that the youth and the mother report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 21 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the youth and the family; [ 22 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 23 ] THE WHOLE until the youth’s majority. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Me Angèle Tommasel, attorney for the mother Date of hearing: June 8, 2022