2020 QCCQ 7290, 2020 QCCQ 7290

Protection de la jeunesse — 206121 2020 QCCQ 7290 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-001042-206 DATE: August 28 th 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2003 Youth [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother ______________________________________________________________________ JUDGMENT (

Section 38 Youth Protection Act , 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 submits that the security and development of the youth, X, are in danger. [ 2 ] The Court proceeded through visioconference on August 28 th 2020. [ 3 ] The mother, assisted by her lawyer, admits part of the alleged facts.

She agrees with the proposed measures and adds that she would be ready to take her daughter back with her in the next four months. [ 4 ] The youth, assisted by her lawyer, admits some of the allegations but wants to go back with her family immediately.

If her mother is not ready to take her back at this time, she wants to be entrusted to another member of her family. [ 5 ] The youth will be 18 years old on [...] 2021. [ 6 ] She is followed by the Director on a voluntary basis since May 2020 because of the behavioural issues she is presenting. [ 7 ] On June 19 th 2020, the Director received four different police reports concerning four different sexual abuses which happened to the youth. [ 8 ] The mother told the social worker that the youth can be verbally aggressive when the family tries to set limits and boundaries. [ 9 ] The mother is afraid when her daughter becomes angry. [ 10 ] The youth consumes marijuana regularly. [ 11 ] On June 25 th 2020, the youth needed to be Medevac because of her suicidal ideations. [ 12 ] On July 9 th 2020, she swallowed many pills.

The next morning, she tried to run away. The police needed to intervene. The youth was sent to the Montreal Children’s Hospital in July 2020. [ 13 ] She was evaluated. A psychiatric follow-up is not necessary. She mainly needs to be structured and accompanied in a safe environment.

[ 14 ] She testifies on August 28 th 2020 and says that she has not enough freedom in her rehabilitation centre. [ 15 ] She is ready to wait until December 2020 to reintegrate a more open environment. If her mother cannot accept her right now, she would like to be fostered by a member of her family. [ 16 ] The youth needs first to personally integrate a safer routine of life prior to being allowed to get out of the rehabilitation centre. [ 17 ] She has shown very recently behavioural issues putting her security in danger.

She needs to stabilize before going back in her family. [ 18 ] Time is running out fast for her. She will be 18 years old next year. She needs the help available right now to put an end at the dangerous choices she has made in the last months.

FOR ALL THESE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of the youth, X, are in danger because of her very serious behavioural problems; [ 21 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre, until at the latest March 19 th 2021; [ 22 ] ALLOWS the gradual reintegration of the youth in her mother’s care or in the care of a member of the extended family and ORDERS that preparations be made regarding the reintegration with the mother as soon as the situation allows for it; [ 23 ] ORDERS that the youth receive specific healthcare and health services required by her condition such as a follow-up with a child and youth psychiatrist; [ 24 ] TAKES ACT that the youth will undergo a psychological evaluation and that the youth and the mother will comply with the recommendations made by the professionals and that the mother will take

part in the process if deemed necessary by the professionals; [ 25 ] ORDERS that the youth and the mother receive the services of an external educator for the period deemed necessary by the professionals; [ 26 ] ORDERS that the youth and the mother take an active

part in the application of the measures; [ 27 ] ORDERS that the parents report in personal, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 28 ] ORDERS that the mother seek help through social services or another resource deemed appropriate concerning her personal issues and parental capacities; [ 29 ] ORDERS that the contacts between the youth and the mother be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 30 ] RECOMMENDS visits of the youth with the mother as soon as possible and according to the youth’s behaviour; [ 31 ] ORDERS that the Director of Youth Protection be authorized to perform unannounced visits at the mother’s residence when the youth is present; [ 32 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the youth and the family; [ 33 ] ORDERS the police to collaborate to the execution of the measures; [ 34 ] ENTRUSTS the situation of the youth, X, to the Director of Youth Protection for the execution of the measures; [ 35 ] THE WHOLE until August 20 th 2021 except for the duration of the placement which is ordered until March 19 th 2021 maximum. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Genevieve Apollon, Attorney for the applicant Mtre Andrew Smith Gregoire, Attorney for the youth Mtre Nada Boumeftah, Attorney for the mother