2020 QCCQ 14440, 2020 QCCQ 14440

Protection de la jeunesse — 208636 2020 QCCQ 14440 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-037340-205 DATE: October 9, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2003 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on October 9, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent’s security or development is endangered as she has been the subject of gestures of a sexual nature.

The Director also alleges that the adolescent exhibits serious behavioural disturbances. [ 3 ] Today, the Director recommends that the adolescent remain placed in a rehabilitation centre and that diverse support measures be ordered for a period of six months. [ 4 ] The mother agrees with the recommendations. It is difficult for her to assess the necessary duration. [ 5 ] The adolescent agrees with the Director’s plan but would prefer a four month placement with a reintegration to her mother’s care in two months.

Questions in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? [ 7 ] What should be the placement’s duration? Context and Analysis [ 8 ] The adolescent usually resides with her mother in [Town A], [Province A]. The mother has sole custody of the adolescent. The father has been minimally involved with his daughter. His exacts whereabouts are unknown. [ 9 ] The adolescent has history of drug consumption (Xanax, speed and cocaine). She has been self-mutilating.

She disclosed that, in the past, she attempted suicide on several occasions. [ 10 ] The mother reported that the adolescent had a history of alcohol consumption to the point of intoxication. She mentioned that

the adolescent was twice hospitalized in psychiatry in [Province A] and did not follow through with the recommended treatment plan. [ 11 ] According to the mother, the adolescent was diagnosed with depression. A Borderline Personality Disorder was suspected but not confirmed. She was prescribed with medication at the time. [ 12 ] Around February or March 2020, the adolescent went to reside at the [Town A] Street Youth Shelter. During that period, she was recruited by Mr. C and Mr. D to perform sexual activities under their control. The adolescent mentioned that Mr. C and Mr.

D were physically and verbally abusive towards her. [ 13 ] On June 4, 2020, the adolescent called her mother reporting that she had been assaulted (beaten and stabbed in the back with scissors). The adolescent’s hair were also cut off as she did not want to engage in prostitution. At the time, the adolescent was brought to the hospital. The mother was informed that one of the adolescent’s pimp had made treats to harm the adolescent and her family. [ 14 ] The adolescent returned home following this incident.

She reported to her mother that she had been raped on at least four occasions. [ 15 ] On July 9, 2020, the mother informed the police that her daughter had run away. [ 16 ] On July 30, 2020, the adolescent and E, another adolescent involved in prostitution, were brought by Constable Luka Walczykiewicz to a safe place run by the Unit A. While she was at that place, she was contacted by Mr. F who pretended he could help them get out of prostitution. He provided the adolescent and Ms. E with a place to stay and treated them, then asked for money.

The adolescent then had to provide sexual activities under his control. On August 11, 2020, she was informed that they would go to [Town B]. [ 17 ] On August 19, 2020, the adolescent was located in a hotel in [Town B]. She reported that she had been involved in prostitution. She informed the Youth Protection worker that Mr.

F probably displayed intimate photos of her online. [ 18 ] On August 20, 2020, immediate protective measures were invoked and the adolescent was placed at the rehabilitation centre A. [ 19 ] On August 26, 2020, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 20 ] While she was at the rehabilitation centre, the adolescent has been provided with psychological follow-up once per week. [ 21 ] Since September 21, 2020, the adolescent has been receiving support from CAVAC in order to be accompanied throughout the Criminal Court proceedings. [ 22 ] A meeting is planned for October 21, 2020 between the adolescent and a case manager at [Centre B] in order to complete her evaluation and eventually create a treatment plan. [ 23 ] Since 2004, the adolescent’s situation has been followed by the [organization A] in [Province A].

Their intervention had to stop when the adolescent turned 16 years old as she refused to engage in voluntary services. [ 24 ] The mother reported to the Youth Protection worker that if her daughter was sent to [Town A], she will die. She remains concerned about her daughter’s safety.

Individuals are still actively searching to contact the adolescent. [ 25 ] The Youth Protection worker observed that “ it is very important to (the adolescent) to be accepted and feel a sense of belonging. (The adolescent) is extremely influenced by her peers and their behaviours […] (the adolescent) is vulnerable to those who offer incentives and insincere flattery ” [1] . [ 26 ] The adolescent underwent a psychological assessment.

The psychologist concludes that: (The adolescent) presents as a pleasant adolescent who is at significant risk. […] She is in need of therapeutic intervention and a protective environment. At this time there is not indicators that she is able to take action to protect herself, to move in a positive direction, and to avoid returning to the pattern of behaviors in which she has been previously engaged. [2] [ 27 ] At this point, the Director’s intervention and the adolescent’s placement remain necessary.

It is premature to return the adolescent to her mother’s care, knowing that Youth Protection Services in [Province A] are only voluntary following the age of 16. The Tribunal received preponderant evidence that intensive work need to be done with the mother and the adolescent. This will take some time and the period of six months appears necessary. THEREFORE AND FOR THESE REASONS, THE COURT: [ 28 ] GRANTS the application for protection; [ 29 ] DECLARES that the security or the development of the adolescent is endangered (

section 38

f) and 38 d) 1 of the Youth Protection Act ); [ 30 ] ORDERS that the adolescent remain entrusted in a rehabilitation centre; [ 31 ] ORDERS that the adolescent not engage in any contact with Mr. C, Mr. D, Mr. F, Ms. E; [ 32 ] RECOMMENDS that the adolescent receive services to address her vulnerability and follow through with the recommendations of the professionals;

[ 33 ] RECOMMENDS that the adolescent attend and engage in therapy or support services (i.e. participating in foster’s services and support/therapy); [ 34 ] RECOMMENDS that the mother receive and participate in services of support/therapy; [ 35 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 36 ] THE WHOLE for a period of six months; [ 37 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on October 15, 2020 /cd Mtre Esther Sterling Counsel for the Director of Youth Protection Mtre Christian Benoît Counsel for the adolescent Date of hearing: October 9, 2020