2021 QCCQ 17045, 2021 QCCQ 17045

Protection de la jeunesse — 217544 2021 QCCQ 17045 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-001679-130 DATE: October 6, 2021 ______________________________________________________________________ PRESIDING: THE HONOURABLE CHRISTIAN LEBLANC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2007. [SOCIAL WORKER 1], duly authorized by the Director of Youth Protection A, having a place of business in […]; Applicant and A, residing and domiciled at […] Mother and B , residing and domiciled at […], 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to review and extend a decision rendered on October 19 2020 regarding the youth X , born on [...], 2007 . On that date, the Court declared her security and development to be still in danger and entrusted her to a foster family until October 21, 2021. [ 2 ] The Director submits that the situation does not allows the youth to be returned to her parents.

The placement must be extended. [ 3 ] Indeed, the Director submits that the father’s situation remains the same. He still displays alcohol consumption issues and he has done nothing to resolve the problem since the last Court hearing. [ 4 ] As for the mother, she has improved her situation.

That being said, the youth has developed behavioral disturbances and consequently, the foster mother has stated that she is no longer able to handle the youth. [ 5 ] Therefore, the Director is asking the Court to entrust the youth to a rehabilitation centre, and to authorize the Director to send the youth to attend the adolescent program at [organism A]. Position of the parties [ 6 ] The mother is present by video-link and represented.

She recognizes that the security and development of her child are still in danger and she agrees with the measures. [ 7 ] At the hearing, the mother admitted all of the DYP’s allegations. [ 8 ] The father is absent and not represented. [ 9 ] [Social Worker 1], a social worker, testified about the steps she took to reach the father before the day of this hearing.

He was served the documents in July and she has repeatedly tried to reach him since then, without success. [ 10 ] Therefore, the Court DECLARES that it has jurisdiction to proceed in his absence. [ 11 ] The youth, through her counsel, recognizes that her security and development are still in danger and she agrees with the measures. [ 12 ] Furthermore, counsel for the youth submits to the Court that the suggested measures are in the youth’s best interest.

Facts [ 13 ] X was doing well during the first half of her last placement with a foster family, but at the beginning of the summer, she started displaying behavioral disturbances. [ 14 ] The foster mother X was entrusted to expressed to the DYP that she could no longer keep the youth with her. X was therefore transferred to a new foster home around June 12, 2021. [ 15 ] On July 25, 2021, the youth was intoxicated and she expressed suicidal thoughts. [ 16 ] Despite two reports being filed, the Court has little information about how the situation evolved for the youth between July 12 and September 1, 2021.

On that date, it was reported that the youth had reacted strongly to the visit of her mother’s caseworker. [ 17 ] For unknown reasons, X had a huge crisis that was so intense she had to be brought to the Montreal children’s hospital to be evaluated for a potential suicidal risk. [ 18 ] From there, she was entrusted to a rehabilitation centre, considering that she needed, at that point, a more structured environment than the one that could be offered by a foster family in the North.

She was also offered follow-up with a psychologist. [ 19 ] At the reception centre, she started school and having daily contacts with her mother. [ 20 ] It is at that point that the following plan, presented to the Court, was developed. ANALYSIS [ 21 ] The plan presented by the DYP is to send the youth to [organism A], which offers rehabilitation programs for adults but also offers rehabilitation programs specially crafted for youths, on a voluntary basis. [ 22 ] According to that same plan, the youth would live at that centre on a full-time basis. This means that she would go to school there while also taking

part in therapy. [ 23 ] X agrees with that plan. [ 24 ] Since the last measure was ordered, the mother has truly taken many important steps to change her life for the better. She left her community and traveled to the region A where specialized programs are offered. She then attended the [organism A], with her youngest child. [ 25 ] The huge steps the mother has taken to address her personal and alcohol consumption issues are impressive and deserved to be mentioned. There is certainly still much work to do, but the mother is certainly on the right path.

This also demonstrates the level of love that the mother has for her children. [ 26 ] Sending the youth to [organism A] would also allows the mother and the youth to see each other on a daily basis and therefore allows the mother to support her child. [ 27 ] After a while, if the situation allows, the youth could be reintegrated with the mother, who is currently living in a [organism A] supervised apartment. [ 28 ] The Court agrees with the proposed plan and considers it to be in X’s best interest.

FOR THESE REASONS, THE COURT: [ 29 ] GRANTS the application; [ 30 ] DECLARES that the security and development of the youth are still in danger; [ 31 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre; [ 32 ] AUTHORIZES the DYP to send the youth to the [organism A] adolescent program as long as needed; [ 33 ] ORDERS that the youth be gradually reintegrated with her mother as soon as the situation allows; [ 34 ] ORDERS that the youth and the youth’s parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 35 ] ORDERS that the youth and the youth’s parents report in person, at regular intervals, to the Director to inform her of the current situation; [ 36 ] ORDERS that the parents remain sober in the presence of the youth; [ 37 ] ORDERS that parents refrain from any violent behaviour in the presence of the youth; [ 38 ] ORDERS that contacts between the youth and her parents be determined by the Director as to its terms, frequency and degree

of supervision; [ 39 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family until October 6, 2022; [ 40 ] ENTRUSTS the situation of the youth, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 41 ] ORDERS the police to collaborate in the enforcement of the judgment; [ 42 ] The whole for a period of one (1) year, that is, until October 6, 2022. __________________________________ CHRISTIAN LEBLANC , J.C.Q.

Mtre Justine Carli, counsel for the Director of Youth Protection Mtre Cassandra Neptune, counsel for the child Mtre Angele Tommasel, counsel for the mother Mr. B, father, not represented Date of hearing: October 6, 2021