2021 QCCQ 9299, 2021 QCCQ 9299

Protection de la jeunesse — 211334 2021 QCCQ 9299 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] «Youth Division» N° : 505-41-010318-212 DATE : February 22, 2021 ______________________________________________________________________ PRESIDED BY: JUSTICE MÉLANIE ROY ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A , Applicant -and- X , born on [...], 2005 Child -and- A Mother -and- B Father J U D G E M E N T

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 11.2.1 and 135 Y.P.A .) [ 1 ] The child is 16 years old and lives with her mother. [ 2 ] In the past, she has been the subject of decisions of this Tribunal mainly because of the lifestyle of her parents. [ 3 ] The parents have a history of drug and alcohol use. The mother has been sober since 2011.

In 2013, after a period of placement, the child returned to her mother’s care. The file was closed. [ 4 ] More recently, the parties agreed on a few voluntary measures. Between 2019 and 2020, the child was placed in a group home, entrusted to her paternal grandmother, entrusted to a foster home from July 2019 to April 2020 and finally to a group home from May to July 2020.

The file was closed again after that period and the child was back at living with her mother. [ 5 ] The Director of Youth Protection (the Director) presents an application for protection under the Youth Protection Act. [ 6 ] She alleges essentially that the child demonstrates serious behavioral disturbances. She recommends that the child be entrusted to a rehabilitation center for six months and receive a social follow up for one year.

[ 7 ] The parties agree with the application as presented. [ 8 ] The evidence reveals that at the end of December 2020, the child’s situation was again brought to the attention of the Director . [ 9 ] After her evaluation, the Director concluded that the security and development of the child are in danger because of her serious behavioral disturbances mainly because she would not respect the curfews, her mother was unaware of her whereabouts and would leave for days at a time. [ 10 ] The mother was also concerned about the child’s adult boyfriend, C, whom she qualifies as toxic and volatile, and her increasing drug use. [ 11 ] On January 4, 2021, the Court entrusted the child to a reception center provisionally. [ 12 ] Since then, she resides at the Group Home A.

The adjustment to the rules has been difficult but she is now involved in her rehabilitation plan. She has access to mental health and addictions services. Additionally, the program incorporates Mohawk language, customs, and traditions. [ 13 ] The mother’s motivation to correct the situation is high. She is willing to participate in services available to improve their relationship. However, as the Director explains, she has expressed motivation before to participate in family therapy with her daughter and has not followed through. [ 14 ] The father does not collaborate with the Director.

He refuses to attend meetings. However, he maintains some contacts with his daughter via social media. [ 15 ] The child agrees with the prohibition of contacts with her boyfriend. Although, she says it was not an abusive relationship, she admits that she was using drugs with him and that it was an unhealthy relationship. [ 16 ] The child is in need of protection. She does demonstrate serious behavioral disturbances and her security and development are in danger.

However those behaviors are mainly the results of all the traumas that she suffered in the past because of her family situation. [ 17 ] The Group Home A is the best environment for the child to get the holistic help that she needs within a traditional Mohawk framework. [ 18 ] After having received the admissions, taken the reports produced and the testimonies heard into consideration, the Court concludes that the security and development of the child are in danger for serious behavioural disturbances according to

section 38

f) of the Youth Protection Act and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the present application; [ 20 ] DECLARES that the security and the development of the child are in danger; [ 21 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the Director for a period of 6 months; [ 22 ] ORDERS that the child participate in support counselling and follow recommendations; [ 23 ] ORDERS that the child participate in addictions programming and follow recommendations; [ 24 ] ORDERS that the child attend school regularly; [ 25 ] ORDERS that the child and her mother participate in therapy; [ 26 ] ORDERS that the child do not come into contact with C; [ 27 ] ORDERS that the child and her parents take an active pat in the application of the measures ordered; [ 28 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and her family; [ 29 ] ENTRUSTS the situtation of the child X to the Director of Youth Protection A for the execution of the measures ordered; [ 30 ] THE WHOLE for a period of 1 year except for the placement. ________________________________ Mélanie Roy, J.C.Q.

Mtre Caterine Caron Attorney for the DYP Mtre Jean Pierre Gaudreau Attorney for the child Date of the Judgment : February 22, 2021 Judgment signed on : March 22, 2021