2022 QCCQ 14418, 2022 QCCQ 14418

Protection de la jeunesse — 229076 2022 QCCQ 14418 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002770-227 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 [...], 2006 [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 [...], 2006, are endangered under paragraphs (b) (1) iii, (d) (2) and (

f) of

section 38 [1] of the Youth Protection Act . [ 2 ] The DYP asks to entrust the youth to a rehabilitation centre with reintegration under the mother’s care as soon as the situation allows it, until June 8, 2023. Position of the Parties [ 3 ] The mother is absent, but represented by Me Angèle Tommasel. She recognizes that the security and development of her child are endangered and she agrees with the measures. [ 4 ] The youth is 14 years old. She 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 youth lives with her mother in Town A. Her undeclared father also lives in Town A, and he is not involved in her life. [ 6 ] On February 6, 2022, the DYP was notified about the situation of the youth following the intervention of the Social Services for a suicidal risk evaluation. The next day, the youth was brought to the nursing by the police for another suicidal thoughts episode and a possible psychosis. [ 7 ] The adolescent was placed under preventive custody by the doctor waiting for the psychiatric assessment.

She was very aggressive at that time, very disorganized and had to be placed in the isolation room for her safety. She required a lot of surveillance. [ 8 ] As planned, 2 psychiatric evaluations were performed and both concluded that her situation was not a medical one and that she was dealing with emotional and attachment issues. Doing so, she was discharged from the hospital on February 9, 2022. [ 9 ] As soon as the following day, another suicidal risk evaluation had to be performed. She was in high emotional distress, and she was very aggressive.

As before, the professionals concluded that they could not hospitalized her, because her condition was related with her behaviours and not with a medical situation. [ 10 ] That day, the DYP worker met with her at the hospital. She continued to have a very worrisome discourse: she wanted to commit suicide, consumes a large quantity of alcohol and cannabis every day with adults, had non-protected sexual intercourses with adults. She adds that her mother has an important alcohol consumption issues, that she is not able to provide her with adequate structure and that she had hit her.

The adolescent was also sad that her father never got involved in her life. [ 11 ] The mother confirms having alcohol consumption issues and not being able to provide a safe environment to her daughter.

[ 12 ] The mother and the youth signed the provisional agreement suggested by the DYP and X was entrusted to a rehabilitation centre for a month. [ 13 ] In March, the Court entrusted the youth to a rehabilitation centre under provisional measures and ordered that she receive a psychological follow-up and a psychiatric evaluation. [ 14 ] The first weeks at the unit were difficult for X. She continued to display very aggressive behaviours and to be every emotional. In April, she started to improve her behaviour and to participate to the clinical activities. As ordered, she received a weekly psychological follow-up.

She attends [School A] in Town B, and she is doing very well. [ 15 ] Since the youth had been entrusted to a rehabilitation centre, the biological father mobilized himself and informed the DYP about his desire to foster the youth. His environment was assessed and the result came back very positive. He and his wife appeared to be able to offer the youth a structured and loving place to evolve. [ 16 ] The DYP worker organized phone calls between the father and the youth and everything went well. A first home visit was also planned and the adolescent was very satisfied about the time spent with her father.

A second visit was organized, but unfortunately, X did not respect the rules, she went out with friends and consumed marijuana. The father was very disappointed and informed the DYP about his refusal to continue the reintegration. The DYP worker did not succeed in making him change his mind. [ 17 ] After a few months in rehabilitation, the mother is still not in a position to have her daughter back under her care and she acknowledges it.

That being said, the mother has the willingness to work on her issues and, according to the DYP worker, she has the capacities to change her life, to develop her parental capacities and to finally offer a proper environment to her daughter. [ 18 ] X suffered from many traumas in her life, she evolved in an environment where there was a lot of alcohol consumption and today she is dealing with mental health issues. Indeed, she is diagnosed with traits of attachment disorder, significant traits of borderline disorder and traits of social anxiety. She would require a long-term psychological follow-up.

Analysis [ 19 ] As recognized by the parties, the situation of the adolescent is endangered because she is a victim of neglect in terms of supervision, she is at risk to be a victim of sexual abuse and she displays behavioural issues. [ 20 ] She had a very difficult life. Her situation was reported very recently to the DYP, but the situation she is facing is not a new one.

Her traumas had rooted deeply, and she deserves to receive the proper support. [ 21 ] She will become an adult soon and as frequently, it is justified to be worrying about the fact that she will be left alone soon with all her background. [ 22 ] The intensity of service has to be in accordance with the seriousness of her situation.

FOR THOSE REASONS, THE COURT: [ 23 ] GRANTS the application; [ 24 ] ORDERS the Director of Youth Protection to file the youth’s birth certificate upon reception; [ 25 ] DECLARES that the security and development of the adolescent X, born on [...], 2006, are endangered under paragraphs (b) (1) iii, (d) (2) and (

f) of

section 38 of the Youth Protection Act ; [ 26 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre; [ 27 ] ORDERS that the youth be gradually reintegrated under the mother’s care as soon as the situation allows it; [ 28 ] ORDERS that the youth and the mother report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the youth’s regard to put an end to the situation in which the security and development of the youth are endangered; [ 29 ] ORDERS that the youth and the mother take an active

part in the application of the measures ordered by the Tribunal; [ 30 ] ORDERS that the youth receive specific health care and health services, notably a psychological follow-up; [ 31 ] ORDERS that the youth attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 32 ] ORDERS that the youth and the mother receive the services of an external educator for the period deemed necessary by the professionals; [ 33 ] RECOMMENDS that the mother seek help through the Social Services or any other appropriate services concerning her personal issues; [ 34 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the youth and the mother be determined by the Director of Youth Protection; [ 35 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the youth and the

family; [ 36 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 37 ] THE WHOLE until June 30, 2023. __________________________________ 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