2022 QCCQ 14305, 2022 QCCQ 14305

Protection de la jeunesse — 229027 2022 QCCQ 14305 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002419-205 DATE: April 12, 2022 (written judgment rendered on April 20, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2006 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ 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) asks the Court to prolong a decision rendered on December 15, 2020, regarding the adolescent X, born on [...], 2006.

At that date the Court declared the security and development still endangered, entrusted the adolescent to a rehabilitation centre and authorized the adolescent’s gradual return to a foster family after 9 months, the whole until December 31, 2021. [ 2 ] The DYP submits that the situation does not allow to return the youth to his parents and asks that she be entrusted to her 2 oldest sisters. Position of the Parties [ 3 ] Despite being dully served, the mother is absent and not represented.

She had clearly expressed to the DYP worker that she would not be present, but that she agree with the measures. [ 4 ] The father’s whereabouts are totally unknown. The DYP worker made numerous attempts to reach him (going to his place, asking to family members, FM calls, etc.), but in vain. Considering his lack of involvement and the best interest of the adolescent, the Court dispenses the DYP from serving the application to the father. [ 5 ] The youth is absent, but represented by Me Cassandra Neptune. She recognizes that her security and development are still endangered and she agrees with the measures.

History of the Situation [ 6 ] On April 24, 2020 , the situation of the adolescent was submitted to the Court. She was 14 years old. The youth was living at her maternal grandparents’ place for many years with her 3 sisters. Both parents have mental health issues, and the father also has a long history of violence issues. The youth displays serious behavioural issues and refuses to collaborate with the DYP and the Social Services. She does not respect the authority of her grandparents.

The Court declared that the security and development of the youth were endangered [1] and entrusted her to a foster family until December 31, 2020. [ 7 ] On October 30, 2020 , the Court entrusted the youth to a rehabilitation centre under provisional measures. [ 8 ] On December 15, 2020 , the Court revised the situation. After the last decision, the youth had to change 3 times of foster families due to her bad behaviours. The youth had to be entrusted to a rehabilitation centre due to the seriousness and the recurrence of her behaviours.

She was adapting well to the structure and the DYP was looking for a foster family available when the youth will be ready to leave the rehabilitation centre. The Court entrusted the adolescent to a rehabilitation centre until December 31, 2021, and authorized a gradual reintegration in a foster family after 9 months.

Facts [ 9 ] Since the last decision, the adolescent remained at the A Rehabilitation Center. The adaptation to the structure was difficult for her, and she displayed very disturbing behaviours. [ 10 ] Progressively she did better and was authorized to make home visits. [ 11 ] She was very happy to spend time with her family and with her friends. She signed a contract and she did very well. She was under the care of her 2 oldest sisters, and she respected their authority well. [ 12 ] The father is totally absent from the life of his daughter.

He is suffering from past-traumatic stress disorder making him very anxious and being afraid from the DYP worker. [ 13 ] The mother is very passive and seems to have a very limited understand of the situation. She collaborates well with the DYP, but count a lot on her 2 oldest daughters to be the authority figure for X. [ 14 ] The sisters, Y and Z are very involved in X’s life and they do everything they can to help her and to have her back home.

Analysis [ 15 ] The situation of the adolescent remains endangered as she recognizes it and the evidence shows it. [ 16 ] After a stay in a rehabilitation centre where she benefits from services, she was able to improve her situation to the point that a reintegration is now positively started. [ 17 ] She has the chance to be adequately surrounded by her 2 sisters who provide her with love, care and proper supervision. It is in her best interest to evolve in her family environment with the support of the DYP.

FOR THOSE REASONS, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and development of the adolescent X, born on [...], 2006, are still endangered; [ 20 ] ORDERS that the youth be entrusted to her sisters Z and Y; [ 21 ] ORDERS that the modalities, the frequency, and the degree of supervision of the contacts between the youth and the parents be determined by the Director of Youth Protection; [ 22 ] ORDERS that the youth and the parents take an active

part in the application of the measures ordered by the Court; [ 23 ] ORDERS that the youth and the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 24 ] ORDERS that the youth attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 25 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the youth and the family; [ 26 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 27 ] THE WHOLE until December 31, 2022. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Date of hearing: April 12, 2022