2021 QCCQ 17302, 2021 QCCQ 17302

Protection de la jeunesse — 2110075 2021 QCCQ 17302 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002721-212 DATE: November 11, 2021 (written judgment rendered on February 7, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2005 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (Section 38 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to declare that the security and development of the adolescent X, born on [...], 2005, are endangered under paragraph (

f) of

Section 38 [1] of the Youth Protection Act . [ 2 ] The DYP asks to entrust the youth to a rehabilitation centre with a gradual reintegration under the parents’ care until November 30, 2022. Position of the Parties [ 3 ] The mother is present, but not represented. She recognizes that the security and development of her child are endangered under

section 38 (f), she agrees with the placement in a rehabilitation centre, but she would prefer that he be entrusted to the Group Home in Town A to be closer to his family members. [ 4 ] The father is absent, but represented by Me Angèle Tommasel. He recognizes that the security and development of his child are endangered under

section 38 (

f) and he agrees with the measures. [ 5 ] The youth is absent, but represented by Me Cassandra Neptune. He recognizes that his security and development are endangered and he agrees with the measures. He asks to be entrusted specifically in Town B. Facts [ 6 ] The parents are living separately, and the youth is under the care of the father. Indeed, the mother has criminal conditions not to be in contacts with her children. [ 7 ] Since June 2021, very concerning situations happened in the youth’s life: - June 5, 2021: he attempted to commit suicide by hanging himself. The father was able to stop him.

He was medevaced to Town C. That was not the first attempt; - July 15, 2021: he was highly intoxicated and had to be brought to the nursing for his safety; - August 28, 2021: he started a fire in a shack and confirmed not having any motive to do so; - August 2021: he stole a four-wheeler and stole to the COOP store. [ 8 ] The father is very concerned by his son’s well-being and wants him to receive the proper services.

[ 9 ] The father admits having an alcohol consumption issues. But since his daughter died and since the youth tried to commit suicide in June 2021, he reduced his alcohol consumption. According to him, his family suffered enough from alcohol consumption. [ 10 ] The mother is attending [Centre A]. Her alcohol consumption issue is very serious and had caused her daughter’s death after having punched her too hard. [ 11 ] Since September 10, 2021, the youth is detained under YCJA for the charges he is facing. The father agreed with this detention saying that the youth would be safer at the rehabilitation centre.

During his detention, he tried to commit suicide and displayed other worrisome behaviours. The police officers described him as dangerous and unpredictable. [ 12 ] On October 8, 2021, his situation being more stable, the youth was transferred from [Unit A] in Town B to the rehabilitation centre in Town A. Once there, his behavioural issues resurface and after having committed other criminal infractions, he was arrested and detained again.

He admitted having such behaviours because he would like to be entrusted back in Town B. [ 13 ] The DYP worker confirms that he is supposed to go back to Town B as soon as a place will be available. Indeed, the DYP considers that the youth need such very structured environment. [ 14 ] According to the DYP worker, once in Town B he will receive all the services he needs. Before, his situation will have to be stabilized and he will have to open up. For now, he does not collaborate and refused to speak about his situation. If the educators recommend a psychological evaluation, one will be performed.

Since the suicidal attempt of June, and despite his hospitalization, he did not receive any psychological support, only the educators’ support. [ 15 ] The Court notes that this family was followed for 2 years (2016-2018), the sister died supposedly due to the intoxication of the mother, the YCJA team is involved, the situation of the youth degenerate a lot since June 2021, but as of today, no more services were provided to this youth, obviously very suffering from a very great distress. Analysis [ 16 ] The situation of the adolescent is endangered due to his serious behavioural issues, as admitted by the parties.

His situation is also very sad and very worrisome for his safety. [ 17 ] His suffered from many traumas in his life, and those traumas not having been addressed properly, it was sure that his situation would degenerate. [ 18 ] It is urgent for him to receive the appropriate services. Otherwise, not only he will continue to suffer, but his name will be on the adult criminal docket and he will face detention sentence. The Court does not want that! [ 19 ] The Court mentions having difficulty to understand why it took so long and so many events before intervening in his situation.

The situation is known since 2016 on different aspects and had been documented. The system had many indications that something was wrong with this family, with consequences for the youth and his siblings. [ 20 ] Considering the seriousness of the situation, despite not having the adolescent’s consent, the Court will order that a psychological evaluation be performed, to give the opportunity for the DYP to ask for such psychological evaluation as soon as the adolescent will accept it.

The Court wants to avoid any delay after his consent. [ 21 ] Also, as the evidence shows that a placement in Town D is in his best interest, the Court will recommend that he be entrusted there as soon as possible. There, the educators will hopefully find the words to convince the adolescent to participate to the psychological evaluation.

FOR THOSE REASONS, THE COURT: [ 22 ] GRANTS the application; [ 23 ] ORDERS the Director of Youth Protection to file the birth certificate upon reception in the youth’s Court file; [ 24 ] DECLARES that the security and development of the adolescent X, born on [...], 2005, are endangered under paragraph (

f) of

section 38 of the Youth Protection Act ; [ 25 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre; [ 26 ] RECOMMENDS that the youth be entrusted to [Unit A] as soon as possible; [ 27 ] ORDERS that the youth be gradually reintegrated under the care of the parents as soon as the situation allows it; [ 28 ] ORDERS that the modalities, the frequency, and the degree of supervision of the contacts between the youth and the parents be determined by the Director of Youth Protection; [ 29 ] ORDERS that the youth and the parents take an active

part in the application of the measures ordered by the Court; [ 30 ] ORDERS that the adolescent participate to a psychological evaluation in a maximum delay of 3 months and that all recommendations be implemented; [ 31 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the youth;

[ 32 ] ORDERS that the youth and the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 33 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the youth and the family; [ 34 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 35 ] ORDERS the police to collaborate to the execution of the enactment; [ 36 ] THE WHOLE until November 30, 2022. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Me Angèle Tommasel, attorney for the father Date of hearing: November 11, 2021