2017 QCCQ 703, 2017 QCCQ 703

Protection de la jeunesse — 1741 2017 QCCQ 703 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-002059-167 DATE: January 17, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2000 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Biological Mother and MRS B, residing and domiciled in Town A, Quebec, District A Adoptive Mother and MR C, residing and domiciled in Town A, Quebec, District A Adoptive 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 of the A C.Y.P.C. asks the Court to declare the security and development of X, 16 ½ years old, in danger because of her important behavioural disturbance (section 38 (

f) Y.P.A.). [ 2 ] At the hearing, the biological mother is absent, but represented by Me Marie-Claude De Gagné. The adoptive mother is present. The adoptive father is absent. As he is not involved in X’s life and does not consider her as his daughter, the Court accepts to proceed in his absence. Me Joannie Jacob assists the youth and Me Aubrée Coutanson, the applicant. [ 3 ] In application with

section 81, paragraph 2 of the Youth Protection, the adoptive mother is granted the status of party. [ 4 ] The youth and her adoptive mother admit all the allegations, but they disagree with the recommendations included in the revision report filed in evidence. The biological mother ignores all the facts, except the one that is related to the voluntary measures signed on June 2016. [ 5 ] Following the signature of those voluntary measures, the youth was entrusted to her aunt down South.

But over the last weeks, the situation of X degenerated. [ 6 ] The aunt said that the youth does not listen anymore at her authority, can be aggressive verbally when upset, refuses to attend school for several weeks, does not inform her aunt of her whereabouts, does not sleep at home and does not say where she was on October 2. A police intervention took place regarding a crisis between the youth and her aunt. [ 7 ] The foster mother is overwhelmed by the situation.

On October 4, 2016, the youth was placed under immediate protective measure and entrusted in a rehabilitation centre. [ 8 ] On multiple occasions, the youth’s situation has been reported to the Director of Youth Protection because of her suicidal thoughts. She always refuses to receive help. [ 9 ] The adoptive mother acknowledges that she was unable to control X before sending her with her aunt. Even in September 2016, when problems increased with the aunt, she refused to take her back.

But today, she wants her back and this is what the youth wants also. [ 10 ] Because of all the problems of the youth, suicidal issues, heavy bullying at school, consumption of drugs and alcohol,

difficulties to express her emotions and violence, professional help is required. She should be evaluated by Dr Nadeau soon. [ 11 ] The adoptive mother wants adapted services for her daughter, after being evaluated. [ 12 ] Considering the evidence, the Court cannot return the youth with her adoptive mother now, because she needs health and/or psychological and re-education services before thinking of reintegration.

CONSEQENTLY, THE COURT: [ 13 ] DECLARES that the security and development of X are in danger; [ 14 ] ORDERS the placement of X in a rehabilitation centre for a period of five months starting November 9, 2016 until April 18, 2017 with a reintegration with her adoptive mother; [ 15 ] RECOMMENDS the adoptive mother to complete the adoption process; [ 16 ] ORDERS the Director of Youth Protection to provide the youth the health care and services, notably a psychological assessment and follow-up if required by the psychologist; [ 17 ] ORDERS the Director of Youth Protection to provide the youth and the adoptive mother the services of an external educator wen she will reintegrate with her adoptive mother until November 30, 2017; [ 18 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and her adoptive mother until November 30, 2017; [ 19 ] ORDERS any police officer to collaborate with the execution of the present enactment; [ 20 ] 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 Marie-Claude De Gagné Attorney for the biological mother Me Joannie Jacob Attorney for the youth Date of hearing: November 9, 2016