2022 QCCQ 8890, 2022 QCCQ 8890

Protection de la jeunesse — 22778 2022 QCCQ 8890 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 450-41-007335-194 DATE: January 19, 2022 ______________________________________________________________________ BY THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ X Born on [...], 2005 Child [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of the CIUSSS A, working at [...] Applicant -and- A Deprived of parental authority -and- B Mother ______________________________________________________________________ JUDGMENT (Section 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 (DYP) submits to the Court a Motion for review of a court order rendered November 8 th , 2021, in which the Court entrusted X to her mother under certain conditions. [ 2 ] Since the forgoing, the DYP alleges that the situation has deteriorated at the mother’s home and that X’s needs would be better met by a return to the reception centre (Foyer A). [ 3 ] The mother and the youth agree with the recommendations.

However, X would like to be allowed to visit her sister in [Région A] during the summer of 2022. [ 4 ] The DYP promises to evaluate the project.

Analysis [ 5 ] In August 2021, the mother and daughter were of the view that they didn’t need the support of the reception centre anymore. X wanted to go back home. Her visits were positive at the time so the Court decided to entrust her back to her mother. [ 6 ] For a few months, X’s return home went well. Subsequently, X started to develop behavioural problems and her mental health became fragile. [ 7 ] The reception centre re-emerged as the viable solution. [ 8 ] However, the mother would like her daughter to benefit from a serious medical assessment and treatment.

She feels X suffers from major issues that need to be properly assessed by professionals. [ 9 ] X is not yet ready. She is now re-adapting to Foyer A and wants to put her efforts into reintegration first. [ 10 ] The educators at Foyer A are a good start, but the mother indicates X had serious personal difficulties in the fall. She had suicidal tendencies and was suffering from emotional upheaval. She was not taking her medication assiduously. She was having unprotected sexual relations with different partners.

She was not interested in attending school. [ 11 ] The Court understands the mother’s worries. [ 12 ] The Court invites X to seriously participate in the medical evaluation. It would certainly help her. [ 13 ] At the present time, there are some positive indications. X seems motivated to benefit from the educator’s support.

She also told her attorney that she was ready to return to school if she finds a program that motivates her. [ 14 ] The Court takes cognizance of these positive indications and hopes that X’s situation will continue to evolve positively in coming months so that her project to visit her sister in [Region A] can be realized. [ 15 ] Meanwhile, the measures recommended answer the child’s needs and represent her best interests. FOR THESE REASONS, THE COURT : GRANTS the present application; DECLARES that the security and the development of the youth X are still in danger, pursuant to

section 38 f) (serious behavioural disturbance) of the Youth Protection Act; REVISES the Court order rendered on November 8th, 2021 in the present file; ORDERS that X be entrusted to a rehabilitation centre, until August 15th, 2022; TAKES NOTICE that the rehabilitation centre is the Foyer A; AUTHORISES , in X’s favour, contacts with her mother, upon agreement and according to the modalities set with the Director of Youth protection; ORDERS that X and her mother take an active

part in the measures ordered, including the psychosocial follow-up, rehabilitation and medical follow-up; TAKES NOTICE of the Director’s intention to evaluate the possibility that X vacation in [Region A] at her sister’s place during the summer of 2022 and if the vacation is set to be more than 15 days, the Director will present a provisional measure to ask the Court to authorize said vacation; ORDERS that X receives all the health services related to her situation, and more specifically, a psychiatric evaluation and medication and follow-up as deemed necessary by the professionals; TAKES JUDICIAL NOTICE of the Director of Youth protection’s intention to clarify X’s life project; ORDERS that a person working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the youth and her family until August 15 th , 2022; ENTRUSTS the situation of the youth to the Director of Youth Protection of the CIUSSS A to see that the measures are carried out [1] . __________________________________ Lise Gagnon, J.C.Q.

M e Marie-Pier Trépanier For the Director of Youth Protection M e Karolanne Bonin For the child M e Mélissa Robert For the mother Date of hearing : January 19, 2022