2022 QCCQ 14740, 2022 QCCQ 14740

Protection de la jeunesse — 229196 2022 QCCQ 14740 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000971-226 DATE: December 15, 2022 (written judgment rendered on January 12, 2023) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2009 Mrs. [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant and Mrs.

A Mother and Mr. B Father ______________________________________________________________________ JUDGMENT (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 9.2 et 9.3 et 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to declare that the security and development of the youth X, born on [...], 2009, are endangered under

section 38 b) 1 iii [1] of the Youth Protection Act . [ 2 ] The DYP asks to entrust the youth to her maternal aunt, Mrs. C until August 31 st , 2023 with a possibility of reintegration with the father if the situation allows it. Position of the parties [ 3 ] The mother is present and represented by M e Jennifer Lévesque Girard. She recognizes that the security and development of her child are endangered, and she agrees with the measures. [ 4 ] The father is present and not represented.

He recognizes that the security and development of his child are endangered, and he agrees with the measures. [ 5 ] The youth is present and represented by M e Catherine Dionne-Marcotte. She admits that her situation is endangered, and she agrees with the recommendations. Facts [ 6 ] Considering the absence of contestation, the parties file a draft agreement. [ 7 ] In this draft agreement, the parties admit the facts that justify the declaration of endangerment.

The facts are the following: - 7.1 The DYP is involved in this family for about 8 months; - 7.2 Over the school year 2021-2022, the adolescent’s attendance at school was very poor and she failed to pass her degree; - 7.3 Since the beginning of September 2022, her attendance for school remains very low and she already missed many days of school; - 7.4 It is at the knowledge of the DPY’s delegate that the adolescent is smoking marihuana almost everyday and often more than once a day; - 7.5 The adolescent is complaining about stomach ache everyday;

- 7.6 For that reason, she doesn’t eat enough because it hurts her stomach even more; - 7.7 She even vomits almost every morning; - 7.8 Furthermore, the adolescent doesn’t eat properly during the day and she sometimes eats only twice a day; - 7.9 For those reasons, the adolescent lost around 9 kilos (20 pounds) in the last year and she still continues to lose weight; - 7.10 Many medical tests were performed by professionals with the adolescent in order to determinate if there is any health issues but nothing wrong come out of it; - 7.11 The adolescent doesn’t sleep well; - 7.12 She goes to bed very late and sometimes after midnight; - 7.13 The adolescent has suicidal ideations sometimes; - 7.14 It appears that the adolescent seems to have lost her motivation and interest; - 7.15 Medication for sleep and depression were prescribed by a paediatrician; - 7.16 As for the father, he shared to the worker that he reached his limit in regards of what he can offer to help her daughter; - 7.17 The current situation of the adolescent worries her father, and he feels helpless; - 7.18 The father is not able to put any structure at home; - 7.19 The DYP’s delegates are also aware that the father shares his personal situation with the adolescent and her older sister, causing them a lot of anxiety; - 7.20 Despite the follow up of the DPY, the father is still struggling with applying the correct discipline and routine at home for his daughters; - 7.21 The father still continues to give marijuana to the adolescent; - 7.22 The mother has not been involved in X’s life for many years now; - 7.23 Since the beginning of the involvement of the DYP in the life the adolescent, the mother practically had no contacts with her daughter; - 7.24 The mother has a history of drug using and she is known to be involve in criminal activities; - 7.25 The mother affirms that she is pregnant at this current time and says that she is sober actually; - 7.26 As for the adolescent, she claims that she doesn’t want to work on the relationship with her mother at this current time; - 7.27 The adolescent feels abandoned by the mother and she feels angry about the choice she made in her life; - 7.28 The mother is trying and insisting to get in touch with the adolescent in different ways and the adolescent doesn’t want to answer; - 7.29 The youth has been baby sited by Mrs.

C for a week by now; - 7.30 Since then, the DYP’s delegates can already notice major improvements in the adolescent’s situation; - 7.31 She is now going to school and eating her meals everyday; - 7.32 She also has less stomach pain. [ 8 ] The parties agree with the following measures: - 8.1 That the teenager be entrusted to the maternal aunt, Ms.

C until August 31 st , 2023 with a possibility of reintegration with the father if the situation allows it; - 8.2 That a person working for an institution or body provide aid, counselling or assistance to the child and the child's parents for a period of eighteen (18) months; - 8.3 That the child receive services to work on her personal issues; - 8.4 That the father seek services for his personal situation as long as deemed necessary by the professional; - 8.5 That the father commit to not give any drugs to his daughter; - 8.6 That the child attend school on a regular basis; - 8.7 That the parents accept the exchange of information between all professionals implicated in the family's life to put an end to

the situation in which the security or development of the child is in danger; - 8.8 That the parents report periodically to the DYP on the measures they apply in their own regard or in the child’s regard to put an end to the situation in which the security or development of the child is in danger; - 8.9 That the child and the parents commit to actively participate in the measures designed to put an end to the situation; - 8.10 That the family allow random visits at the house from the DYP; - 8.11 That the contact between the parents and the child be supervised and determined by the director as for length, frequency and modalities and supervised by a third party if judged deemed necessary by the director.

Analysis [ 9 ] After verifying that the consent was given freely, the Court declares to agree with the measures and accepts to ratify the agreement. FOR THOSE REASONS, THE COURT: [ 10 ] GRANTS the application; [ 11 ] DECLARES that the security and development of the child X, born on [...], 2009, are endangered under

section 38 b) 1 iii of the Youth Protection Act ; [ 12 ] RATIFIES the draft agreement; [ 13 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on December 15, 2022; [ 14 ] ORDERS the parties to comply with the following measures; - 14.1 That the teenager be entrusted to the maternal aunt, Ms.

C until August 31 st , 2023 with a possibility of reintegration with the father if the situation allows it; - 14.2 That a person working for an institution or body provide aid, counselling or assistance to the child and the child's parents for a period of eighteen (18) months; - 14.3 That the child receive services to work on her personal issues; - 14.4 That the father seek services for his personal situation as long as deemed necessary by the professional; - 14.5 That the father commit to not give any drugs to his daughter; - 14.6 That the child attend school on a regular basis; - 14.7 That the parents accept the exchange of information between all professionals implicated in the family's life to put an end to the situation in which the security or development of the child is in danger; - 14.8 That the parents report periodically to the DYP on the measures they apply in their own regard or in the child’s regard to put an end to the situation in which the security or development of the child is in danger; - 14.9 That the child and the parents commit to actively participate in the measures designed to put an end to the situation; - 14.10 That the family allow random visits at the house from the DYP; - 14.11 That the contact between the parents and the child be supervised and determined by the director as for length, frequency and modalities and supervised by a third party if judged deemed necessary by the director. [ 15 ] ORDERS the clerk of the Court of Quebec, Youth Division, to attach to this judgement a copy of the draft agreement to form an integrant part hereof, and to attach such copy of the judgement to be subsequently delivered; [ 16 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the execution of this order. __________________________________ PEGGY WAROLIN , J.C.Q.

M e Marie-Michelle Grenier Attorney for the Director of Youth Protection M e Catherine Dionne-Marcotte Attorney for the child

M e Jennifer Lévesque Girard Attorney for the mother Date of hearing: December 15, 2022