2022 QCCQ 8024, 2022 QCCQ 8024

Protection de la jeunesse — 222373 2022 QCCQ 8024 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 640-41-001582-136 DATE: February 2, 2022 ______________________________________________________________________ BY THE HONOURABLE CHRISTIAN LEBLANC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2007 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection A, having a place of business in [...], Applicant and A, Mother and B, 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 7, 2021, by the undersigned, regarding the youth X, born on [...], 2007. [ 2 ] At that date the Court declared the security and development of X still endangered and entrusted the adolescent to a foster family, namely the one of Ms .

C, until July 31, 2022. [ 3 ] The Director submits that the situation does not allow the return of the youth to her parents and that therefore, the placement has to be prolonged. [ 4 ] Indeed, the DYP argues that the parents are not involved in the youth’s life, that the mother is most likely homeless in City A and that the youth displays behavioural problems. [ 5 ] The DYP is consequently asking the Court to entrust the youth to a rehabilitation centre until November 30, 2022, with a gradual reintegration in a foster home if the situation allows it.

Position of the parties [ 6 ] The mother is not present, and she is not represented by a lawyer. [ 7 ] Ms. [Social Worker 2], social worker for the DYP, testified about the steps she took to reach the mother before the day of the present hearing. Since she is believed to be homeless in City A, she was served by the way of the newspapers. In parallel, she tried many times to reach her, sometime through third parties, without success. [ 8 ] Therefore, the Court DECLARES having jurisdiction to proceed in her absence. [ 9 ] The father is present and represented by a lawyer.

About the application of the DYP and the requested measures, the father simply says that he agrees with whatever his daughter wants. [ 10 ] As for X, she is present by videoconference and represented. She made many factual admissions, but at the same time, she doesn’t recognize that her security and development are still in danger. That being said, she agrees to be sent to a foster home as long as it is the one of D.

Questions in litigation [ 11 ] The questions in dispute are: 1. Are the security and development of the youth X still in danger? 2. Considering the best interest of the adolescent, what are the measures to apply to put an end to the situation? 3. Are the security and development of X in danger under

section 38 d) (1) (sexual abuse)? Facts [ 12 ] To start with, there is no debate on the fact that the parents are still in no position to care for their daughter. They were not involved in her life in the past and it is still the case today.

The incapacity of the father to position himself on the measures needed to put an end to the situation of endangerment of his daughter, is a good indication that he is disengaged from her life. [ 13 ] As for X, she admits that her parents are not in any position to take her back with them and she also admits many of the facts that constitute the basis of the DYP’s present demand. [ 14 ] She admits that she doesn’t respect the authority, that she consumes drugs, that she expressed suicidal ideations and that she ran away from school. [ 15 ] She also admits that her placement with Ms.

C has been unstable, that she didn’t respect the rules of her COVID-19 quarantine, that she went back to sleep at her former foster home without authorization, and that she refused to collaborate with the DYP.

Lastly, she also admits that her mental health is still fragile. [ 16 ] Finally, the testimony of Ms. [Social Worker 2] establishes that before being entrusted to a rehabilitation centre, the DYP had to intervene with the youth almost daily because of her behaviour. [ 17 ] According to the same testimony, the youth is functioning well at the rehabilitation centre since she was transferred there on October 12, 2021.

That living environment provides her the structured environment she needs, and she is also offered professional help to address her personal problems. [ 18 ] X was offered a follow-up with social services, but she refused.

She was also offered participate to a psychological evaluation that was ordered by the Court on October 7, 2021, but again, the youth refused to collaborate. analysis 1…Are the security and development of the youth X are still in danger? [ 19 ] As I said at the beginning, there is no debate on the fact that the situation of parents remains the same and therefore, they are still in no position to care for their daughter.

They were not involved in her life in the past and it is still the case today. 2…Considering the best interest of the adolescent, what are the measures to apply to put an end to the situation? [ 20 ] On October 7, 2021, the youth was entrusted to the foster family of Ms. C. [ 21 ] That placement did not even last one week and because of the youth’s behaviour, the foster mother made it clear that she was not ready to take the youth back with her. [ 22 ] As I mentioned at the beginning, the youth is asking the Court to entrust her to a foster family of Ms.

D. [ 23 ] With respect, the Court considers that proposition to be unrealistic and furthermore against her best interests. [ 24 ] Indeed, the numerous behavioural problems that the youth displayed since the last measure was ordered make it so that she needs to be entrusted to rehabilitation centre. The Court considers that only a rehabilitation centre can offer the youth the structure, the services and the safety that she needs right now, especially considering that she is not yet ready to address those problems. 3…Are the security and development of X in danger under

section 38 d) (1) (sexual abuse)? [ 25 ] The DYP is asking the Court to conclude that the security and development of the youth are also endangered under

section 38 d) (i) (sexual abuse) of the Youth Protection Act . [ 26 ] After careful analysis of the evidence presented by the DYP, the Court concludes that the DYP has not met its burden on that matter. [ 27 ] According to the DYP report, the youth disclosed at one point that E touched her on the hips in a sexual way. It is also said that a friend of the youth would also be aware of the alleged sexual abuse. [ 28 ] But when the police investigated the matter, both the youth and her friend did not disclose anything. Consequently, the police file was closed because of the lack of evidence.

At the end, the Court is presented with an allegation coming from the youth that was later either denied or contradicted. [ 29 ] X clearly needs a structured, controlled and safe living environment in order to stabilize her life and maybe, to start accepting the help that she needs right now.

FOR THOSE REASONS, THE COURT: [ 30 ] GRANTS the application; [ 31 ] REVISE(

s) the decision rendered on October 7, 2021; [ 32 ] DECLARES that the security and development of the youth are still endangered for the alleged motives as well as under

section 38

f) of the Youth Protection Act ; [ 33 ] ORDERS that X be entrusted to a rehabilitation center operating a child and youth protection center until November 30, 2022; [ 34 ] AUTHORIZES that the youth be gradually reintegrated in a foster family as soon as the situation allows it; [ 35 ] ORDERS that the youth and the youth’s parents take an active

part in the application of any of the measures ordered by the Court; [ 36 ] ORDERS that the youth and the youth’s parents report in person, at regular intervals, to the Director to inform him of the current situation; [ 37 ] ORDERS that the contacts between the youth and the youth’s parents be determined by the Director as for the modalities, the frequency and the degree of supervision; [ 38 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the parents and granted to the DYP, namely regarding health, school, extracurricular activities, traveling and passport; [ 39 ] ORDERS the DYP to take the necessary steps so that a professional psychological evaluation be done on the youth, should she consent to it; [ 40 ] STRONGLY RECOMMENDS that the youth benefit from a follow-up with social services, should she consent to it; [ 41 ] ORDERS that a person working for an institution of body provide aid, counselling or assistance to the youth and the youth’s family; [ 42 ] ENTRUSTS the situation of the youth X to the Director of youth protection A, who shall then see that the measures are carried out; [ 43 ] ORDERS the execution of the present judgment by any peace officer. [ 44 ] THE WHOLE until November 30, 2022.

Signed on March 11, 2022 __________________________________ CHRISTIAN LEBLANC , J.C.Q. Me Justine Carli Cain Lamarre, s.e.n.c.r.l. Attorney for the Applicant Me Cassandra Neptune Centre communautaire juridique A Attorney for the child Me Michael Pereira Desmarais Desvignes Crespo s.e.n.c.r.l. Attorney for the mother Me Angèle Tommasel Me Angèle Tommasel, avocate Attorney for the father Date of hearing: February 2, 2022