2017 QCCQ 5392, 2017 QCCQ 5392

Protection de la jeunesse — 172472 2017 QCCQ 5392 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-029480-159 Date: January 10, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2000 [Social Worker 1] , duly authorized by the Director of Youth Protection A Centres Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of January 10, 2017, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for revision and extension of an order rendered by the undersigned, on April 8, 2015, whereby the now sixteen year-old adolescent, X , was entrusted to the care of her mother with aid, counsel and assistance, for a period of nine months. [ 3 ] The Court was also presented with a similar motion regarding the adolescent’s sibling whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the Motion for revision and extension dated November 9, 2016, are as follows: 3.1. the adolescent appeared to be doing well in the care of the mother; 3.2. a safety plan was established with the family for the children to receive support from their adult sister Y and their neighbor when needed; 3.3. on September 21, 2016, the mother contacted the youth protection worker to inform him that she was not feeling well and had suicidal thoughts; 3.4. consequently, the youth protection worker accompanied the mother to the hospital where she was kept for a few days in the psychiatry department; 3.5. on the same day, the youth protection worker explained the situation to the adolescent and sibling and requested that the children take the appropriate steps as established in their safety plan; 3.6. the adolescent and sibling took the appropriate steps as they informed their neighbor of the situation and their adult sister, Y, who came to the home to take care of them during the mother’s hospitalization; 3.7. the medical professionals concluded that the mother’s medication needed to be readjusted and she was discharged after a few days;

3.8. on November 7, 2016, the mother contacted the youth protection worker and reported that she did not feel well and that she was very tired; 3.9. on November 7, 2016, the youth protection worker went to meet the mother at the home, who decompensated, verbalized suicidal thoughts and consumed approximately fifty anxiety pills when she went to the bathroom, unbeknownst to the youth protection worker; 3.10. when the mother came out of the bathroom, she lost consciousness; 3.11. consequently, the youth protection worker had the mother brought at the hospital and it was only the next day that she started to regain consciousness; 3.12. on November 7, 2016, the adolescent and sibling arrived around the same time as the ambulance and after being explained the situation by the youth protection worker, they contacted their sister Y and their neighbor was also informed about the situation; 3.13. since being informed about the mother’s situation on November 7, 2016, Y is taking care of the adolescent and sibling at the family residence; 3.14. the father is uninvolved in the adolescent’s life (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to the care of her mother, with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 6 ] The mother, assisted by Me Brunet, admitted all the alleged facts and consented to the proposed measures. [ 7 ] The adolescent, assisted by Me Piriou, also admitted all the facts alleged in support of the motion, except paragraph 3.7 that was ignored, and consented to the proposed measures. [ 8 ] The Court proceeded despite the father’s absence since there was no explanation for his failure to appear before the Court. [ 9 ] The Director filed Exhibit D-5 as evidence: D-5: Court report, written by [Social Worker 1], dated December 28, 2016. [ 10 ] In

summary, the facts are admitted and the motion is not contested. The adolescent and her sister appear to be very resilient and able to react appropriately in times of crisis. [ 11 ] However, the siblings unfortunately appear reluctant to receive any help: The children have been offered supportive services, but have refused them.

They seem to be relatively well nonetheless. [2] [ 12 ] They should be strongly encouraged to receive support in dealing with their mother’s mental illness and recurring crises. [ 13 ] They should also be encouraged to participate in extra-curricular activities to develop their own strengths and interests away from the stressors of their family life. [ 14 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of the adolescent, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the adolescent remain entrusted to the care of her mother; [ 18 ] STRONGLY RECOMMENDS that the mother continue to collaborate with her healthcare and service providers and follow though with their recommendations; [ 19 ] ORDERS that the family’s safety plan be reviewed, maintained and implemented, if necessary; [ 20 ] AUTHORIZES the Director of Youth Protection to obtain relevant information from the professionals involved with the family; [ 21 ] RECOMMENDS that the adolescent receive support services regarding her mother’s mental illness; [ 22 ] RECOMMENDS that the adolescent participate in extra-curricular activities of her choice; [ 23 ] ORDERS that a person working for A Centres provide aid, counsel and assistance to the adolescent and her family; [ 24 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection A, who shall then see that the measures are carried out;

[ 25 ] THE WHOLE for a period of nine months. TAYA DI PIETRO, Q.C.J. Me Edith Zavodni Attorney for the Director of Youth Protection Me Sylvie Piriou Attorney for the adolescent Me Richard Brunet Attorney for the mother TD/vl