2022 QCCQ 6377, 2022 QCCQ 6377

Protection de la jeunesse — 222273 2022 QCCQ 6377 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division No: 635-41-000414-117 DATE: April 20, 2022 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A Applicant and X, born on […], 2006 Adolescent and A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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) submitted an application to review the situation of the adolescent X, born on […], 2006. [ 2 ] On October 1, 2020, the Honourable François Ste-Marie declared that the security and development of the adolescent were still endangered and entrusted her to the foster family of B and C until she reaches the age of majority. [ 3 ] The adolescent displays behavioural disturbances at school and in the foster family’s household. [ 4 ] She attends A School.

Her behaviour has been problematic since November 2020. She was disrespectful toward the teacher. She sometimes throws things and pushes her desk on the floor. She became violent and got suspended on a few occasions. Her participation is very minimal and her boyfriend distracts her in class. [ 5 ] Her difficulties in respecting authority and her aggressive behaviour were also present in the foster family. She broke things and damaged her room by making holes in the wall. [ 6 ] On January 2, 2022, a crisis occurred in the foster family. The adolescent threatened to throw the television at the foster mother.

She stated that she wanted to go back to her family because she could smoke cannabis and consume alcohol. [ 7 ] On February 4, 2022, a new crisis occurred and the adolescent stated that she wanted to die after an argument with the foster mother. [ 8 ] On February 26, 2022, the adolescent was intoxicated at her boyfriend’s residence and became suicidal. She was brought to the hospital for the night. [ 9 ] The adolescent received services and a follow-up from psychiatrist Dr. Michele Larose. She was prescribed medication for ADHD. She decided to stop her medication and refused to continue the follow-up with Dr.

Larose. At the hearing, the adolescent stated that she has changed her mind and that she agrees to see the psychiatrist and take her medication. [ 10 ] The adolescent also admitted she had unprotected sexual habits and was indifferent about getting pregnant. [ 11 ] The situation deteriorated to the point where the foster family was overwhelmed and concerned about the adolescent’s safety. [ 12 ] The mother’s situation has remained essentially the same. She is still in a relationship with D, who has committed sexual assault against minors in the past.

She has not been cooperating with the DYP. [ 13 ] The adolescent is brilliant. When she decides to cooperate with professionals and accept the support provided, she quickly improves her behaviour.

[ 14 ] Her involvement in the services at the rehabilitation centre and the fact that she has resumed her follow-up with the psychiatrist and psychologist have been beneficial to her. [ 15 ] The DYP recommends a short placement period in a rehabilitation centre with a gradual integration into a foster family. [ 16 ] The Court agrees to follow that recommendation considering the adolescent’s good cooperation and her improved behaviour.

THEREFORE, AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and development of X, born on […], 2006, are still endangered; [ 19 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre, for a period of four months, with a reintegration as soon as the situation allows; [ 20 ] ORDERS that the adolescent and the mother take an active

part in the application of any of the measures ordered by the Court and fully cooperate with the Director of Youth Protection; [ 21 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 22 ] ORDERS that the adolescent receive specific health care and health services such as psychological and psychiatrist follow-up care and that the recommendations made by the professional be followed by the adolescent, her foster family, and the mother; [ 23 ] ORDERS that the adolescent and the foster family receive the services of an external educator if deemed necessary by the professionals; [ 24 ] ORDERS that the mother remain sober in the presence of the adolescent; [ 25 ] ORDERS that the mother refrain from any kind of violence in the presence of the adolescent; [ 26 ] RECOMMENDS that the mother seek help through social services or another resource deemed appropriate concerning her personal issues, in particular her mental health problem and anger management; [ 27 ] ORDERS that contact between the adolescent and her biological family be encouraged and determined by the Director of Youth Protection with respect to the terms, frequency and level of supervision; [ 28 ] WITHDRAWS the exercise of certain attributes of parental authority from the mother and grants it to the Director of Youth Protection, concerning in particular health, school, extracurricular activities, travelling, and passport; [ 29 ] ORDERS that a person working for an institution or body provide aid, counselling, or assistance to the adolescent and the adolescent’s family; [ 30 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection who shall then see that the measures are carried out; [ 31 ] THE WHOLE until April 30, 2023.

Signed in Town A on June 6, 2022 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Gabrielle Francoeur For the adolescent Mtre Geneviève Apollon For the applicant Date of hearing: April 20, 2022