2022 QCCQ 12620, 2022 QCCQ 12620

Protection de la jeunesse — 223551 2022 QCCQ 12620 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Division » N° : 760-41-006136-199 DATE : February 16, 2022 ______________________________________________________________________ PRESIDING : THE HONORABLE MIREILLE ALLAIRE ______________________________________________________________________ In the situation of the youth: X , born on [...], 2006 [SOCIAL WORKER 1] , in her quality of authorized person by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant A B Parents JUDGMENT

Article 95 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 (the « Director ») asks the Court to revise and extent a Court decision rendered May 19, 2021 in the situation of the youth, X ; [ 2 ] Since the last order, the youth has been entrusted in the same resource which specializes with children with intellectual impairment and children that exhibit serious behavioral disturbances. The adolescent expresses herself more and uses her means more often to try and manager her emotions in appropriate ways.

She still has difficulties to control her emotions that can lead to period of big disorganizations. She can be verbally aggressive towards others and physically aggressive toward herself. [ 3 ] At that time, it can be difficult to calm her down and police intervention can be necessary. The disorganization can last for several hours. [ 4 ] She benefits from a pedopsychiatrist follow-up and meetings with a criminologist to address her violent behaviors. [ 5 ] X visits her mother three hours every two weeks on Saturday.

The visits remain difficult as she can display oppositional and confrontational behaviours. [ 6 ] The mother collaborate positively with the different services and recognizes that her daughter needs specific resources to ensure the proper development and safety of the youth. [ 7 ] The father completed a therapy in September 2021. He then participated in reinsertion program in Town A. He recognizes the violence he has shown in the past and feels ready to answer the questions his daughter may have about her childhood and his absence.

He wishes to rebuild the relationship with his daughter but intends to respect her rhythm. [ 8 ] The mother agrees with the demand of the Director to maintain her daughter in a reception centre. However, she believes that it is not in her daughter’s best interest to have contacts with her father. [ 9 ] The youth admits most of the allegations of the demand and agrees to the conclusion.

However, she would like to be entrusted in another type of reception centre, namely “Oceania”, which is an intermediary reception centre. [ 10 ] Ms [social worker 1], social worker, believes that the youth needs a more structured environment and that if her behavior improves, they might consider another type of reception centre. [ 11 ] Since May 19 th 2021, the contacts between the youth and the father have been suspended. The father wants to be in his

daughter’s life but understands that the situation has to be taken one step at the time. [ 12 ] The youth’s position has been ambivalent as to the contacts with the father. A few days prior to the hearing, she did not want to consider seeing him. However, on the day of the hearing, she changed her mind. [ 13 ] Following the agreement of the parties, the Court is satisfied with the proof made upon the allegations.

FOR THESE MOTIVES, THE COURT: [ 14 ] GRANTS the Application; [ 15 ] DECLARES that the security and development of the youth, X , are still in danger; [ 16 ] REVISES and EXTENDS the measures ordered on May 19, 2021; [ 17 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A; [ 18 ] RECOMMENDS that the Director of Youth Protection reconsider the type of unit to which the child is entrusted to; [ 19 ] ORDERS that the contacts between the youth and the mother be following agreement between the mother, the youth and the Director of Youth Protection; [ 20 ] ORDERS that the contacts between the youth and the father be following agreement between the father, the youth and the Director of Youth Protection, in the presence of a third party chosen by the Director of Youth Protection and in respect with the youth’s desire; [ 21 ] ORDERS that the coordinates of both parents remain confidential towards the other; [ 22 ] ORDERS that the parents report periodically to the Director of Youth Protection as to the measures they apply in their own regard or in the youth’s regard to put an end to the situation of compromission; [ 23 ] ORDERS that the youth and the parents take an active

part in the application of the measures, more particularly that they implicate themselves in the intervention plan; [ 24 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the youth and the family; [ 25 ] WITHDRAWS the exercise of certain rights of the parental authority from the father and AUTHORIZES the mother to sign alone the authorizations required for medical, school, recreational, extra-curricular or travel purposes, including the application for a passport, driving lessons and driver’s licence; [ 26 ] ENTRUSTS the situation of the youth, X , to the Director of Youth Protection for the execution of the measures; [ 27 ] THE WHOLE for a period of one year. __________________________________ MIREILLE ALLAIRE, J.C.Q.

Mtre Caterine Caron Attorney for the DYP Mtre Stéphanie Castagnier Attorney for the youth Mtre Éric Besner Attorney for the father