2022 QCCQ 13229, 2022 QCCQ 13229

Protection de la jeunesse — 228213 2022 QCCQ 13229 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] «Youth Division»

N° : 755-41-003433-219 DATE : September 22, 2022 ______________________________________________________________________ PRESIDED BY : THE HONORABLE MARIO GERVAIS J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker duly authorized by the Director of Youth Protection A, Applicant -and- X, born on [...], 2006 Child-respondent -and- A Mother-respondent -and- B Father-respondent ______________________________________________________________________ JUDGEMENT Sections 95(1) & (2) 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, 9.3 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (the Director) petitions the Court with an application for revision and extension of a Court decision in the matter of the child X , aged 16. [ 2 ] The original Court decision, rendered on August 30, 2021, declares that the security and the development of the child are in danger for reason of neglect on educational level from her mother. [ 3 ] The last Cour order, rendered on April 14, 2022, entrusted the child to a foster family with the social follow-up of the Director until August 31 st , 2022. [ 4 ] In its application for revision and extension of a Court decision, the Director is mainly seeking to entrust to child to a reception center for a period of nine months, including her reintegration into the care of her mother within the last sixty days.

Position of the parties [ 5 ] The parties are, overall, in agreement with the description of the situation by the Director and are in agreement with the measures sought.

Evolution of the situation and Analysis [ 6 ] The situation is known to the Director who has intervened with the family in the context of two voluntary measures enforced from November 13, 2019, to August 11 2021, followed by the Court decisions rendered on August 20, 2021 and on April 14, 2022. [ 7 ] In conformity with the last Court decision, the child resided in a foster home. Since then, her situation has been unstable.

If she functioned well for a little while, her behavior progressively deteriorated to a point of becoming risky for her own safety, such as: ➢ The child self-mutilated; ➢ She sent nude pictures and videos of herself to a friend; ➢ She missed school regularly and failed her school year; ➢ She hanged out with negative peers who had a bad influence on her; ➢ She expressed suicidal thoughts; [ 8 ] The child felt so much distress that she had to be hospitalized and released with the recommendation to stay away from social medias were she, on one part, was victim of intimidation and, on the other part, was aggressive and threatening some students. [ 9 ] At he beginning of the summer, the foster home felt that they couldn’t handle the child anymore and requested her transfer. [ 10 ] On July 5, 2022, the child integrated a group home.

The child adapted rapidly to her new environment where she functions adequately. She attends school regularly since the end of August where she has to repeat her ninth grade. [ 11 ] The child has regular contacts with her mother where she spends every weekend. The mother and the child have still some relationship issues, but the quality of their communications is improving. Still, arguments can occur, but are better managed by the parties. [ 12 ] The father resides in Saskatchewan. His contacts with his child are virtual. Their conversations are brief, since they have lived apart for a long time.

The father is maintaining that the mother has alienated the child against him. [ 13 ] The mother cooperates with the Director and is working toward implementing a better structure and a life routine at home and regulate her emotions. [ 14 ] The Court concludes that the security and the development of the child are still in danger. [ 15 ] The situation requires that the child be maintained in her group home for a period of nine months, including her reintegration to the care of her mother within the last sixty days. [ 16 ] After having received the admissions and the reports produced, the Court concludes that the security and the development of the child are in danger and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and the development of the child X are still in danger; [ 19 ] REVISES AND EXTENDS the Court order rendered on April 14, 2022; [ 20 ] ORDERS that the child be entrusted to a reception center chosen by the Director of Youth Protection A; [ 21 ] TAKES JUDICIAL NOTICE that the child wants a group home; [ 22 ] AUTHORISES the partial or complete reintegration of the child into the maternal milieu within the last sixty (60) days of placement, if the situation permits and following agreement between the parties; [ 23 ] ORDERS that the contacts between the child and her parents be set upon agreement between the parties; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and her family; [ 25 ] ORDERS that the child and her parents take an active

part in the application of the measures ordered; [ 26 ] ORDERS that the child and her parents report periodically to the Director to inform her of the evolution of the situation ; [ 27 ] ORDERS that the child receive a psychiatric follow-up as long as deemed required by the professional; [ 28 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the measures ordered; [ 29 ] THE WHOLE, for a period of nine months.

________________________________ Mario Gervais, J.C.Q. M e Pascal Boucher Attorney for the Director M e Lucie Gaucher Attorney for the child Date of signature: November 18, 2022