2021 QCCQ 7462, 2021 QCCQ 7462

Protection de la jeunesse — 214305 2021 QCCQ 7462 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division»

N° : 505- 41- 009520- 190 0 DATE : June 7, 2021 ______________________________________________________________________ PRESIDED BY THE HONOURABLE MÉLANIE ROY ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection worker duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -and- X , born on [...], 2005 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T Section 95(2) 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 child is 16 years old.

She is entrusted to a rehabilitation centre according to the last Court order rendered on August 21, 2020. [ 2 ] The Director of Youth Protection (the Director) petitions the Court with an application for extension of its last decision. [ 3 ] She alleges essentially that the child is still in need of rehabilitation and recommends essentially that the extension of the measures for a period of one year. [ 4 ] The parties are in agreement with the recommendations. [ 5 ] The proof demonstrates that following the last Court order, the child remained at the [group home A] in City A.

This neutral setting has helped her work on her self-confidence, her drug use, on acquiring tools to manage her emotions and be able to set her limits with others. [ 6 ] The child visits her father on weekends. Her relationship with him is still for her a source of anxiety. [ 7 ] The Director had difficulties in finding a service provider for them to engage in father-daughter therapy.

However, a psychologist is now assigned to the case and should meet with them in the next weeks. [ 8 ] The father does not feel it is realistic for his daughter to come back home until she starts to work on herself and that they both work on their relationship. [ 9 ] The Court shares the analysis of the Director [1] :

X's life situation is not ideal for a 16 year old. Her lack of motivation and feelings of hopelessness for her future continue to overpower her insight and progress. X's constant feelings of rejection and desire for acceptance in her father's home continues to create strain within their relationship.

X is a pleasure to work with, she is respectable, relatable and open to new suggestions, However, X has a tendency to deflect the conversations when it directs to her feelings or below the surface. ln due time hopefully X takes that next steps to open up and discuss how she really feels or why she feels a certain way in order to heal her emotional pain. X had progressed well with her sobriety and although she had two slips this year, she is not in the same situation she was in the past with her use.

Addictions services will remain in her file to provide her with the support and guidance that she seeks and X is in agreement to continue to meet with her worker on a consistent basis. lt is unfortunate the father daughter therapy did not begin yet but there is a hope that both X and her father will make it their priority to ensure that engage and begin the conversation to discuss their unresolved feels. X has a lot of anger towards her father and it seems that Mr. B has a lot of guilt towards his daughter. lt seems that Mr.

B does want his daughter home however he knows that it just is not realistic and will breakdown right away. X wants to return to her father's care too but is also aware that it is not a realistic plan right now. This worker is hopeful that X will reconsider the [Group home B] as she had voiced in the past how well she did there. She would be surrounded by a support network of services including addiction services that would address all her needs culturally and guide her on her healing journey.

Another option, X could reconsider treatment as she would be given the opportunity to unpack her feelings in a safe space with others who could identify and relate with her. Given that X's visits are suspended on an indefinite basis by her father, this will be a great opportunity for her to make the decision that will be in her best interest. X is resilient, she just needs the support and push to help her get there. This year will be a crucial year for X as it will determine if she will continue to work towards her father's home or towards independent living.

If both X and her father truly engage in services, there is a chance that X could return earlier, if the situation allows and only if they are both ready. Given that, the DYP will continue to fully support X and her father with the hopes of the best outcome for both of them. [ 10 ] After having received the admissions, taken into consideration the reports produced and the testimonies heard, the Court concludes that the security and development of the child are still in danger and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and the development of the child X still in danger; [ 13 ] REVISES the Court order rendered on August 21, 2020; [ 14 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by Director of Youth Protection A; [ 15 ] ORDERS that the contacts between the child and her father and extend family be following agreement between the parties; [ 16 ] ORDERS that the child and her father take an active

part in the application of the measures ordered, namely in the child’s service plan and they follow recommendations; [ 17 ] RECOMMENDS that the child continues to meet with her addictions response worker, Ms. [Social Worker 2] and follow recommendations; [ 18 ] RECOMMENDS that the child and her father engage in father-daughter therapy, follow recommendations and TAKE NOTICE that this service should start in the next few weeks; [ 19 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and her family; [ 20 ] ORDERS that the child and her father report to the Youth Protection caseworker on the measures they apply in their own regard to put an end to the situation; [ 21 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of le Centre de santé et de services sociaux A for the execution of the measures ordered; [ 22 ] THE WHOLE until June 30, 2022. __________________________________ Mélanie Roy, J.C.Q.

Me Caterine Caron Attorney for the DYP Me Myriam Couillard Attorney for the child Me Nancy Côté Attorney for the mother

Date of hearing : June 7, 2021 Judgment signed on : July 9, 2021