2023 QCCQ 8541, 2023 QCCQ 8541

Protection de la jeunesse — 232766 2023 QCCQ 8541 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000953-234 DATE : MARCH 16 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2008 Child And [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A Health and Social Services A, working in Town A, Applicant and A B Parents . JUDGMENT

Article 38 - Youth Protection Act [ 1 ]

JG1314 The Director of Youth Protection (Director) presents an application under

section 38 of the Youth Protection Act asking the Court to declare that security and development of the child are endangered under

section 38 ( f ) (serious behavioural disturbance). [ 2 ] The Director asks the Court to order that the child be entrusted to the rehabilitation center, Youth Healing Center, for a period of six months and to authorize her reintegration to the father after three months if the situation allows. [ 3 ] The Director asks the Court to order several assistance measures including aid, counselling and assistance to the child and the child’s family for a period of one year. [ 4 ] M e Roc-Forgues on behalf of the mother admits all the alleged facts that she is aware of.

She agrees with the proposed recommendations. [ 5 ] The father is present, not represented by a lawyer. He admits all the alleged facts and he agrees with the recommendations proposed. [ 6 ] M e Massé on behalf of the child admits the essential of the alleged facts, denies some of them. The youth wants to reintegrate her father’s home. Although she acknowledges that the services offered are justified. She wants her return under her father’s care be successful, therefore she agrees to remain in rehabilitation center.

She is motivated to take all necessary means in order to be reintegrated under her father’s care as soon as possible. [ 7 ] The evidence reveals the following facts. [ 8 ] The child is 14 years old. She was the subject of a judgment with regards to issues of risk of neglect due to the parents’ substance abuse issues (D-3). [ 9 ] The parents are separated, and the youth lives with the father and siblings in Town A. The mother lives in Town B. [ 10 ] During last summer, on July 26 th , 2022, the youth has been involved in an incident where she was fighting her sibling.

The police were called and when the arrived they took the child to the clinic for an assessment. [ 11 ] The child had a rough time to calm down and kept swearing at her father and was left under the care of the nurses. [ 12 ] The father explained to the worker that the child wanted to leave the house, but he stopped her, and she pulled a knife from the sweater pocket.

The father stated that there were three separate times where the child wanted to stab him, and the father was restraining the child on the coach. [ 13 ] The police arrived and took the child to the clinic again and later sent her to Town C. [ 14 ] The child was met by a child psychiatrist on four occasions. The child was giving strategies for coping with her anger. Her last appointment with the doctor was on February 13 th , 2023 in Town D. The doctor did not believe that an assessment was necessary.

Instead, a social worker was suggested. [ 15 ] The parents requested that their daughter be properly assessed with regards to her behavior. [ 16 ] On January 26 th , 2023, the child was entrusted to the Youth Healing Services. [ 17 ] The Youth Healing Services is providing the youth services such as therapy, counselling and doctors appointments. [ 18 ] [Social Worker 1], Youth Protection worker, is of the opinion that the child’s behaviors can be unpredictable and according to past report as well as family members’ information, the child needs to have a complete psychological assessment and service to help her with her mood swings and impulsive behaviors.

The youth can be a danger to herself and others (D-4, p. 5). [ 19 ] The worker analyzes the situation in the following terms [2] : At this time, the DYP trusts that the child is safe at the Youth Healing Services. Considering that the situation keeps occurring, the age of the youth and that she is unable to manage her temper, she is a danger to herself and others. Although, the father is an active role in her life, the youth's anger is still not manageable. He appears to be a protective factor, but the child still endangers herself and others with her aggression.

The youth is also known to make suicidal remarks when she is upset. The father is overwhelmed by her behaviors and does not know how to deal with her anymore. The mother shared that she was concerned for her daughter's mental wellbeing, is this past trauma or unresolved mental disorder?

[ 20 ] Therefore, given the whole evidence the Court concludes that security and development of the child are endangered under

section 38 (

f) of the Youth Protection Act . [ 21 ] As for the measures, the evidence reveals that the child was admitted at a group home in Town D on January 27 th , 2023. [ 22 ] [Social Worker 2], childcare worker at the Group Home A in a report of observation of the child’s behavior at the group home concludes that [3] : Overall, X is doing good at the unit, and she knows how to control it. X is very bright girl who is not shy and very helpful.

There hasn't been any major incident with her. [ 23 ] The child should benefit from a psychological assessment and for the next three months, she will continue to meet the child psychiatrist. [ 24 ] Given the whole evidence, the child’s needs, the admission and consent of both parents, the child’s consent to the measures, the Court concludes that the recommendations are in the interest of the child. FOR THESE REASONS, THE COURT: [ 25 ] GRANTS the Application; [ 26 ] DECLARES that the security and development of X born on [...], 2008 are endangered under

section 38 (

f) of the Youth Protection Act ; [ 27 ] ORDERS that the child remain entrusted to a rehabilitation center namely, Youth Healing Services, for a period of six (6) months with reintegration to the father after three (3) months if situation allows; [ 28 ] ORDERS that the child continue to go to her appointments with the child psychiatrist; [ 29 ] ORDERS that the child follow all the recommendations of the doctor, which includes a trial for medications; [ 30 ] ORDERS that the father help and assist his daughter in the doctor’s plan; [ 31 ] RECOMMENDS that the child seek out counselling with her father and with her mother; [ 32 ] ORDERS that frequency and modalities of contacts between the child and her parents be determined by the Director of Youth Protection; [ 33 ] ORDERS that aid, counselling and assistance be provided to the child and the child’s family for a period of one year until March 16 th , 2024 ; [ 34 ] AUTHORIZES the Director of Youth Protection to obtain and exchange information from the service providers working with the child and family with regards to the attendance and progress; [ 35 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order; [ 36 ] ORDERS any peace officer to collaborate with the Director of Youth Protection when requested to do so. [ 37 ] The whole, until March 16 th , 2024 . ___________________________________ LUCIE GODIN, J.C.Q.

M e Magdalena Lempicka Attorney for the Director of Youth Protection M e Andréa Roc-Forgues Attorney for the mother Father, not represented M e Yan Massé Advocate for the child Dates of hearing : March 16 th , 2023