2019 QCCQ 18310, 2019 QCCQ 18310

Protection de la jeunesse — 197308 2019 QCCQ 18310 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 565-41-000349-197 DATE: June 26, 2019 ______________________________________________________________________ BY THE HONOURABLE VALMONT BEAULIEU, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF A Plaintiff and X Adolescent and A B In their capacity as parents ______________________________________________________________________ JUDGMENT (Section 38, 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 social worker, [Social Worker 1], addressed a letter dated April 24, 2019 to X’s father : - Nous avons tenté de vous joindre par téléphone, à plusieurs reprises, au cours des dernières semaines dans le but de planifier une rencontre.

Puisque nous sommes sans nouvelles, nous vous acheminons cette lettre afin de tenter une nouvelle fois de vous rejoindre. - Une entente sur des mesures volontaires a été prise pour la période du 7 novembre 2018 au 16 août 2019, et ce, d’une durée de 9 mois. Cette entente a été conclue afin que vous puissiez soutenir votre fille, X, dans son développement et qu’elle puisse évoluer dans un environnement où elle pourra recevoir des réponses à ses besoins.

En ce sens, bien que X n’habite plus à votre domicile, votre participation est importante dans la vie de votre fille et au maintien d’un lien relationnel avec elle. [ 2 ] Furthermore, she indicated an address where the father can meet her in Town A and a phone number so he can reach her to take an appointment. [ 3 ] Before that letter, few appointments have been done to the father by phone and he was always absent.

In this day of Court, he is still absent. [ 4 ] Voluntary measures have been applied, since November 2018, for reasons of serious behavior issues by the adolescent. [ 5 ] In the voluntary measures signed by the parents, they recognize that : - that the child be entrusted to her mother for a period of 9 months and that the contacts with the father be determined by the mother, in collaboration with the Youth Protection Worker;

- that the parents report about the measures they put in place for themselves and their daughter; - that the parents participate actively to the application of the measures in order to put an end to the situation that endanger the security or the development of their daughter; - that a person working for Youth Protection gives aid, counsel and assistance to the child and her family for a period of 9 months; - that the parents signed the authorisations to exchange informations between the professionals working with them and their daughter; - that the parents assure that X receives the services required by her situation, such as a socio/psycho services as long as determined by the professional. [ 6 ] On that date, X was entrusted, for a period of 9 months, to her mother that lives in Town B. [ 7 ] At the beginning, she started school. [ 8 ] The relation between X, her mother and other family members was doing well. [ 9 ] But she was strongly reacting to her father’s reactions and felt rejected by him. [ 10 ] She cried and tried to understand why he decided to cut all contacts with her. [ 11 ] Consequently, she regretted her decision to leave her father’s environment. [ 12 ] Also, she realises that she does not know her mother.

The Court noted that in the last 10 years, the mother and her daughter did not have too many contacts. [ 13 ] So time will be necessary to discover each other and to build their relationship. [ 14 ] In January 2019, X wanted to go to school in Town C. [ 15 ] The adolescent was entrusted to a room and board but those who are housing her could no longer manage the severity of her distress. [ 16 ] X started mutilating herself, her panic attacks were more frequent and she was becoming violent. [ 17 ] It is clear that the adolescent react negatively to her father’s reject. [ 18 ] In front of suicidal thoughts and extreme panic attacks she was hospitalized at [Hospital A]. [ 19 ] According to CH[A], X’s suicidal thoughts and panic attacks were caused by flashbacks of incidents that happened when she was under her father’s care and she was reacting to the father’s emotional reject. [ 20 ] Few days after her release from the hospital, the adolescent had other panic attacks and was entrusted to a foster care. [ 21 ] The adolescent came back to the school and declared this new place is helping her to be stable in a family and knowing that she will be there for a while. [ 22 ] She believes the instability makes her feel insecure and the panic attacks are absent. [ 23 ] Also, she started a follow-up at [the Organism A] and is learning to talk with the foster mother. [ 24 ] Even if the father was absent in the life of her daughter, the mother continues to be present for her and collaborates very well with the Director of Youth Protection. [ 25 ] Madam [Social Worker 2] in her report (D-2) enumerates very well the present situation in the life of the adolescent : - X is still emotionally fragile; - X is reacting to her father’s reject; - X is afraid of her father’s reactions; - X’s father didn’t meet with Youth Protection in Rouyn and didn’t return their phone calls; - X doesn’t know her mother and need time to do it; - X and her mother need to work on their relation; - X is doing good in foster care; - X started the services in April and needs time; - X and her mother agreed X be entrusted to a foster family;

[ 26 ] All the parties support the recommendations of the social worker and, in the best interest of X, the Court also supports these recommendations : [ 27 ] THEREFORE THE COURT : [ 28 ] GRANTS the motion; [ 29 ] DECLARES that the security and the development of the adolescent (teenager) are compromised under

Section 38

f) of the Youth Protection Act; [ 30 ] ORDERS the implementation of the following protection measures: (

a) That X be entrusted to a foster family care for 6 months with the possibility of

Section 62 of the Youth Protection Act; (

b) That X receive the services required for her state (anger management, psycho-social services); (

c) That X and her mother receive services to work on their relation; (

d) That the mother receive services for her personal issues; (

e) That the father receive help to rebuild the relation with his daughter; (

f) That the contacts between the father and his daughter be supervised and accordingly to an agreement between the parties; (

g) That a person working for CISSS[A] Youth Protection give aid, counsel and assistance to X and her family for a period of one year; [ 31 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection who shall then see that the measures are carried out; [ 32 ] ORDERS that the execution of the present judgment be done by any peace officer; [ 33 ] ORDERS that all concerned persons comply with this order. __________________________________ VALMONT BEAULIEU, J.Q.C. Mtre. Sandra Couture Counsel for the Director of Youth Protection Mtre. Isabelle Saumier-Castonguay Counsel for the child Mrs. A Mother - Representing herself Date of hearing: June 26, 2019