2022 QCCQ 6708, 2022 QCCQ 6708

Protection de la jeunesse — 222702 2022 QCCQ 6708 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 760-41-006517-216 DATE: May 20, 2022 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on […], 2009 Youth ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- A B Parents ______________________________________________________________________ JUDGMENT Article 95 (1) & (2) of the Youth Protection Act ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a youth or the youth’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (section 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] On February 18, 2022, a judgment intervenes in the situation of the youth, revising and extending the various protective measures in place in reason of her exposure to a conflictual parental dynamic. While maintaining the youth in foster care until August 31, 2022, the Court applies a specific contact

schedule with her parents. [ 2 ] The Director of Youth Protection applies for the revision and extension of this order for seven months, seeking the youth’s placement in a rehabilitation centre and contacts with her parents in accordance with a calendar established by the caseworker. [ 3 ] Both the youth and her mother contest the placement order, asking that she return to her maternal environment or, if such is not possible, in foster care. [ 4 ] The father doesn’t contest the conclusions, wishing that his daughter receives the support she needs so she can return to her family as soon as possible. [ 5 ] The following issues are therefore submitted to the Court: • Does the evidence demonstrate the need for the youth’s placement in an alternate environment and if so, which environment best suits her needs? • Should the Court intervene to further structure the youth’s schooling? [ 6 ] After considering the evidence, the Court endorses the conclusions of the application while adding certain measures to ensure that the youth receive adequate schooling and services concurrent to her needs.

Context [ 7 ] Residing in foster care, the youth continues to have regular contacts with both her parents, the whole in accordance with the last judgment. [ 8 ] Although the youth functions generally well in this environment, she has a tendency to isolate herself. [ 9 ] She can mention feeling down and having trust issues. She continues to be affected by the ongoing tensions between her parents. [ 10 ] On the co-parenting issue, there has been no improvements. The parents are unable to communicate face to face and the strategies previously put in place are no longer working.

Tensions and frustrations remain ongoing.

[ 11 ] On April 4, 2022, a conflict occurs between the youth and her mother. [ 12 ] The youth then verbalizes thoughts of suicide and admits having had recent suicidal gestures (trying to strangle herself, cutting herself with razor blades). [ 13 ] Seeing the challenges in place, the foster family affirms being unable to continue to ensure the youth’s security and needs. [ 14 ] On April 7, 2022, the Court orders the provisional placement of the youth in a rehabilitation centre. [ 15 ] The youth’s behaviours are stabilizing in the group home setting, although she continues to have negative thoughts when a conflict arises with her parents and they say or tell her things that hurt her, even if they don’t mean it.

A psychological follow-up will commence shortly. [ 16 ] The youth continues to benefit from regular contacts with her parents, but she still feels caught in the middle. The relationship with her father is particularly up and down as conflicts are recurrent. [ 17 ] Since her placement, the youth’s classes are mostly virtual in reason of the distance. The frequency and quality of this schooling is poor. [ 18 ] The youth shows little interest in this form of schooling and wishes to return to regular classes.

All are in agreement that such needs to be prioritized. [ 19 ] The Director suggests that the youth benefit from contacts with her mother during the week in order to allow her more in-person attendance at her school. [ 20 ] The youth wants to return to a family setting, preferably with her mother, where she can return to her school. She deplores not having access to animals or regular internet access in her group home. [ 21 ] She states being ready to work on the relationship with her father.

Analysis and decision [ 22 ] Does the evidence demonstrate the need for the youth’s placement in an alternate environment and if so, which environment best suits her needs? [ 23 ] The youth continues to show distress in relation to her family situation and the unresolved parental conflict. [ 24 ] Clearly, her emotional issues have not as yet been fully addressed.

The fact that her parents remain themselves anchored in their conflict serves but to compound the situation. [ 25 ] The youth’s recent verbalizations and acts demonstrate the depths of her distress and further guides the Court in its decision. [ 26 ] As such, the evidence shows that the following conclusion of the previous judgment remains relevant: [28] La Cour est d’avis que X doit prendre du recul face à ses parents dans un milieu neutre et qu’elle doit travailler sa relation avec chacun d’eux.

Elle est en mesure de se faire une idée sur ses parents et de leur exprimer ses désaccords sans que l’autre parent intervienne.

Elle aime ses deux parents et doit pouvoir avoir une relation avec chacun exempt des conflits qui les concernent. [ 27 ] As to the environment best suited to respond to the youth’s needs, the Court concludes that the neutrality and structure of a rehabilitation centre are required in order to help her achieve a better balance in the situation. [ 28 ] Furthermore, a clear calendar of contacts needs to be put in place to minimize the conflicts and negotiations to which the youth is still entwined.

As parental communi-cation remains an issue, the Court orders that the Director administrate the scheduling. [ 29 ] The Court endorses the other measures sought. [ 30 ] Should the Court intervene to further structure the youth’s schooling? [ 31 ] But a few weeks remain before the end of the youth’s school year. [ 32 ] The evidence demonstrates that the online learning offered is not adapted to the youth’s needs and is therefore insufficient.

Consequently, the youth’s interests justify that the Court intervene to order that she receive adequate schooling. [ 33 ] In class schooling would be ideal, but the geographical reality doesn’t permit full-time in person attendance. As such, the Director’s suggestion of scheduling the youth’s access with her mother during the week is the best option, allowing three days of regular attendance. This will be in force until the end of the present school year, as she will probably integrate a new school as of September in view of her continued placement.

FOR ALL THESE REASONS, THE COURT: [ 34 ] GRANTS the application; [ 35 ] DECLARES that the security and the development of the youth are still in danger; [ 36 ] REVISES and EXTENDS the court order rendered on February 18, 2022, in the present file;

[ 37 ] ENTRUSTS the youth to an institution operating a rehabilitation centre chosen by Director of Youth Protection A; [ 38 ] ORDERS that the contacts between the youth and her parents be determined by the Director of Youth Protection and according to the calendar established by the caseworker; [ 39 ] TAKES ACT that the parties agree that the mother’s access occur during a week for the remainder of the school year in order to facilitate the youth’s school attendance; [ 40 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures that apply in their own regard or their child’s regard to put an end at the situation in which her security and development is in danger; [ 41 ] ORDERS that the parents take an active

part in the application of the measures ordered, namely that: • They involve themselves in the intervention plan established with the Director of Youth Protection • They participate in a personal follow-up to address their individual difficulties; [ 42 ] RECOMMENDS that the parents participate in co-parenting meetings and/or work with the Director towards freeing the youth from the impacts of the continued parental conflict; [ 43 ] ORDERS that the youth receive certain health care and health services, namely a psychological follow-up and this, for as long as deemed necessary; [ 44 ] ORDERS that the youth receive adequate schooling; [ 45 ] ORDERS that the youth receive any online classes suggested by the school authorities and she be made available for such notwithstanding her placement; [ 46 ] ORDERS that the Director offer meetings between the youth and her individual family members in order to address the various difficulties within the family dynamics; [ 47 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth as well as her family; [ 48 ] ENTRUSTS the situation of the youth to the Director of Youth Protection A for the execution of the present judgment; [ 49 ] ALL THESE MEASURES for 7 months. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Noémie Plante Attorney for the Applicant Me Claudette Morin Attorney for the mother Me Karine P. Poissant Attorney for the youth Date of hearing: May 20, 2022