2022 QCCQ 14412, 2022 QCCQ 14412

Protection de la jeunesse — 229070 2022 QCCQ 14412 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002748-215 DATE: August 9, 2022 (written judgment rendered on September 28, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2005 [SCOAIL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B, deceased Father ______________________________________________________________________ JUDGMENT (Section 95 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to review a decision rendered on February 2, 2022, regarding the adolescent X, born on [...], 2005. At that date the Court declared the security and development endangered and entrusted the adolescent to a foster family with a gradual reintegration under the mother’s care if the situation allows, it until January 31, 2023. [ 2 ] The DYP submits that the situation of the youth is also endangered under

section 38 (

f) YPA and asks that he be entrusted to a rehabilitation centre and be gradually reintegrated in a foster family or to his mother’s care if the situation permits it, for 1 year, until May 31, 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 still endangered as it had been already declared by the Court and also endangered under

section 38 (

f) as alleged by the DYP. She agrees with the measures. [ 4 ] The youth is 17 years old. He is present and represented by Me Cassandra Neptune. He recognizes that his security and development are still endangered and also endangered under

section 38 (f), but he disagrees with the measures. He asks to be entrusted to a foster family or under his mother’s care. History of the Situation [ 5 ] On February 2, 2022 , the situation of the youth was submitted to the Court. Following the admissions made by the adolescent and his mother, the Court declared that his security and development are endangered [1] and entrusted him to a foster family. The Court authorized a gradual reintegration under the mother’s care. The Court granted the attributes of parental authority to the DYP.

Facts [ 6 ] Following the last decision, the youth was entrusted to the foster family of Ms. C. [ 7 ] On April 3, 2022, the DYP was made aware that the youth would have sexually abused another child in the foster family and that on multiple occasions. The youth always admitted those abused and he continues to recognize the facts at the hearing.

He becomes very emotional when the DYP worker address this situation with him. [ 8 ] The DYP alleged that the youth would have been fired from his job at the gymnasium for sexual misconduct and that an investigation for possession of juvenile pornography would be ongoing by the Town A Police force. The youth denied those facts and the DYP did not provide any evidence about that.

[ 9 ] The youth also recognized that he stole the credit card of the foster parents and he had used it. [ 10 ] The foster parents renounced to continue fostering him. The DYP seized the Court with an application for provisional measures and the youth is entrusted to a rehabilitation centre since April 11, 2022. [ 11 ] The youth adapted well to his new environment, he complies perfectly with the rules. He works full time during the summer. He is described as a model at the rehabilitation centre. [ 12 ] On May 31, 2022, the youth had his first meeting with the sexologist.

According to this professional, the process could be long because he has difficulty to open up about his sexual behaviours although he is able to admit the facts. Doing so, and it is admitted by the youth, he still represents a risk of recidivism. The follow-up is done by videoconference on a weekly basis, but it had been cancelled many times due to technological issues. At the last meeting, X appeared to be more open. The sexologist is positive about the success of this therapy. [ 13 ] X testified and clearly mentioned that he would like to be entrusted to a foster family.

About his plan after the summer, he expresses the desire to go back to school, but he totally ignores in which grade he is and when the school will start. He also wants to go to College. Speaking about the follow-up with the sexologist, he says that he does not want to continue, but he is unable to explain why. [ 14 ] The DYP also wants to prepare him for his adulthood coming very soon. [ 15 ] The mother is still disinvested from her son’s life. The reason for the DYP’s intervention at the beginning was regarding such reject from the mother.

Analysis [ 16 ] The situation of the adolescent continues to be endangered and is also endangered under

section 38 (

f) YPA. [ 17 ] His situation is very sad. He does not have the support of his mother, the person that should be the most important in his life. [ 18 ] X has a lot potential. He is very bright. He would like to go to College and the Court knows that he has the potential to succeed. The Court encourages him to achieve his goals and to realize his dreams. [ 19 ] But today, he needs to receive services. He needs to address the traumas he suffers from, in his life. The Court warned X to the fact that those traumas, if not properly addressed, could prevent him from realizing his dreams. He deserves better!

FOR THOSE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the adolescent X, born on [...], 2005, are still endangered; [ 22 ] DECLARES that the security and development of the adolescent X, born on [...], 2005, are also endangered under

section 38 (

f) of the Youth Protection Act ; [ 23 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre; [ 24 ] ORDERS that the youth be gradually reintegrated in a foster family or to his mother’s care if the situation permits it; [ 25 ] ORDERS that the youth and the mother take an active

part in the application of the measures ordered by the Court; [ 26 ] ORDERS that the youth and the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 27 ] ORDERS that the youth receive specific health care and health services (Psychological and Sexologist services); [ 28 ] ORDERS that the youth attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 29 ] ORDERS the Director of Youth Protection to help the adolescent to be registered at school without any delay; [ 30 ] 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; [ 31 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the mother and granted to the Director of Youth Protection, namely regarding health, school, extracurricular activities, travelling and passport; [ 32 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the youth and the family; [ 33 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 34 ] THE WHOLE until May 31, 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: August 9, 2022