2017 QCCQ 13438, 2017 QCCQ 13438

Protection de la jeunesse — 175916 2017 QCCQ 13438 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-002100-177 DATE: September 20, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2003 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother and MRS B, residing and domiciled in City A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A submits to the Court a motion asking that the security and development of X, 14 years old, be declared in danger because of her serious behavioural problems (section 38 (

f) Y.P.A.). [ 2 ] At the hearing, the parents are present, assisted by Me Angèle Tommasel and Me Marianne Léonard. Me Cassandra Neptune represents the child and Me Aubrée Coutanson, the applicant. [ 3 ] The parents admit some allegations and the youth admits most of them. They acknowledge that the situation of the youth is compromised but they disagree with the measures. [ 4 ] The social worker, Mrs [Social Worker 1], asks for the youth’s placement in a reception centre and the parents want their daughter back with them.

The youth wants to return home, and if not, with a foster family she was placed before. [ 5 ] Adding to the admissions, the Court heard the testimonies of the social workers, Mrs [Social Worker 1] and Mrs [Social Worker 2], and the parents. [ 6 ] For many years, the youth protection was involved in the life of this family. Between November 13, 2013 and January 23, 2015, X was the subject of several decisions. After receiving services at home and in foster families, she was entrusted to the Kuujjuaq group home for eight months.

The abusive behaviour of the parents, the serious risk of neglect, etc. and finally the behavioural problems of the youth were the motives of the interventions. [ 7 ] Now, the seriousness of the behavioural problems increased. The youth displayed on several occasions suicidal behaviours. She does not respect authority and is impulsive and aggressive. [ 8 ] Last June 2, 2017, the police intervened with her because she was highly intoxicated. [ 9 ] On June 20, the youth went to the social services and disclosed that she would take a knife and commit suicide on the same day on the land.

As she had a friend who recently committed suicide, she mentioned her name on several occasions and the threats were considered very serious. [ 10 ] While in the office of the Youth Protection, the youth took a pair of scissors and displayed suicidal behaviour. The same day, she repeated such behaviour in presence of the nurse. Then, a sedative medication was administrated to her in order to medevac her to Puvirnituq.

[ 11 ] She was hospitalised from June 20 to June 22, released and entrusted immediately to the group home in Puvirnituq. On June 23, the youth disclosed that she would commit suicide if she goes back to City A. [ 12 ] Last September 3, the youth ran away from the group home, and with friends, she stole a four wheelers. Arrested by the police, she had to be placed in the intervention room when she was brought back. She threatened the staff, became emotional and was hospitalised. She is still under observation. [ 13 ] The parents acknowledge that they were overwhelmed by their daughter’s behaviours in June.

She was not respecting their authority. [ 14 ] On the applicable measures inquiry, a social study is filed. [ 15 ] The parents want their daughter back at home. Now, they understand her needs and they missed her. They will seek for counselling from elders in their community.

They want her to receive help the Inuit way. [ 16 ] With the lecture of the previous judgments rendered for X and filed in evidence and the testimonies of the social worker, the Court has evidence that the parents are reluctant to services and always refers to significant people in their community to help them. [ 17 ] With respect for this point of view, at this stage, the Court believes that the youth needs medical and psychological services and rehabilitation services in a very structured environment. [ 18 ] The youth has lot of traumas and did not talk of them to anybody yet.

The communication with her parents is not satisfying and the Court does not believe that X will open up to elders even if her parents want it. [ 19 ] The mother knows that X needs help but cannot help her. She would like her daughter to be more open with her but she did not succeed yet. [ 20 ] Since the child’s provisional placement, the parents did not visit or contact their daughter.

As their child, they don’t want to disclose on their individual past and to talk of their emotions and about their conjugal violence and alcoholism. [ 21 ] Considering the specific needs of the youth and the whole evidence, THE COURT: [ 22 ] DECLARES that the security and development of X are in danger; [ 23 ] ORDERS the placement of X in a reception centre until August 31, 2018 with possible reintegration with the parents after nine months of intensive re-education if the situation of the youth and her parents allows it; [ 24 ] ORDERS the Director of Youth Protection to provide the youth health services and health care including a complement of a psychological and psychiatric evaluations; [ 25 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the parents and the youth until August 31, 2018; [ 26 ] ORDERS the parents to collaborate actively with the social worker and to inform her of all the counselling they seek for from elders; [ 27 ] ORDERS that the youth and her parents receive from the Director of Youth Protection the services of an external educator during her reintegration; [ 28 ] ORDERS the Director of Youth Protection to supervise the contacts and visits of the youth with her parents as for the modalities, frequency and degree of supervision; [ 29 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 30 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Aubrée Coutanson Attorney for the applicant Me Angèle Tommasel Attorney for the mother Me Marianne Léonard Attorney for the father

Me Cassandra Neptune Attorney for the youth Date of hearing: September 7, 2017