2023 QCCQ 2550, 2023 QCCQ 2550

Protection de la jeunesse — 23917 2023 QCCQ 2550 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 640-41-001175-097 DATE: February 9, 2023 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on [...], 2007 Adolescent and A Mother and B Father ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The applicant submits an application to extend and review a judgment rendered on September 8, 2022, by the Honourable Jacques Ladouceur, concerning X’s situation. [ 2 ] The adolescent was entrusted to the foster family of Ms. C with various measures to help and support her for a period of one year. [ 3 ] The parents are not involved with youth protection.

The mother has remained present in her daughter’s life, according to the information the applicant received, but her involvement is limited considering her unstable place of residence. She was supposed to be living in Town A but the bailiff did not manage to serve her the application; she does not live there anymore. The Director of Youth Protection (DYP) has no way to reach her. She has not contacted her daughter since the adolescent’s placement in a rehabilitation centre. [ 4 ] The situation of the parents remains the same.

They have not taken any steps to resolve their issues. [ 5 ] Unfortunately, the adolescent’s situation has worsened. Her mental health has deteriorated. She has had numerous worrisome behaviours such as hearing voices, incoherent speech, and putting herself and others in dangerous situations. She was evaluated by a child psychiatrist, Dr. Anna Gomez, who diagnosed psychosis that was present the entire month of November 2022. She prescribed her some medication, . The adolescent has taken the medication for around 10 days now, and she is doing better but she is still very fragile. According to Dr.

Gomez, it will take about four weeks for her mental health to stabilize on the medication. [ 6 ] She needs a structured environment with professional help, psychiatric follow-up, and psychological follow-up. [ 7 ] During the month of November 2022, the adolescent broke up with her boyfriend and began to harass her ex-boyfriend’s mother, Ms. D. The police had to intervene a few times in crisis situations. She threatened to kill herself and threatened to kill the police officer. [ 8 ] She has been placed in a rehabilitation centre. The adolescent has had a lot of difficulties since she was placed at the group home.

She is not able to follow the program, and she gets aggressive. She intimidates other youths and throws chairs, hits the wall, and assaults the intervention officer. She has had 15 incident reports since her admission. [ 9 ] Ms. C, her maternal aunt, has been the adolescent’s foster parent for several years. The adolescent wants to go back to live with her aunt, who is willing to take her back but only once the adolescent is able to respect her authority and be mentally stable. She has

always been cooperative and supportive of the adolescent. She is available for her and has called the girl on a regular basis at her unit. [ 10 ] In light of all the above facts, the Court is of the opinion that the security and development of the adolescent are still in danger under

section 38(b)(1)(iii) and (b)(2) of the Youth Protection Act ( Y.P.A .). In addition, her security and development are in danger under

section 38 (

f) of the Y.P.A. , because she displays serious behavioural problems. [ 11 ] In her best interest, she will have to remain in a structured environment as the rehabilitation centre. She needs professional support and specialized services to stabilize her mental health condition and to engage in the rehabilitation program. [ 12 ] The adolescent will be returned to her previous foster home when the situation allows it. Her aunt, Ms.

C, is still willing to be involved in her niece’s life, but she has some conditions that the adolescent will have to respect. [ 13 ] The Court considers that it is in the interest of the adolescent to grant this application and follow the recommendations of the revision report prepared by the youth protection worker, Ms. [Social Worker 1]. FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES that the security and development of X, born on [...], 2007, are still endangered under

section 38(b)(2), (b)(1)(iii) and (

f) of the Youth Protection Act ; [ 16 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre; [ 17 ] ORDERS that the youth be integrated to a foster family chosen by the institution operating a child and youth protection centre when the situation allows it; [ 18 ] ORDERS that the youth and the youth's parents take an active

part in the application of any of the measures ordered by the Court; [ 19 ] ORDERS that the adolescent receive the health services and medical support she needs, namely psychiatric follow-up and eventually, if needed, psychological follow-up; [ 20 ] ORDERS that the youth and the youth parents report in person, at regular intervals, to the Director to inform of the current situation; [ 21 ] ORDERS that the contacts between the youth and the parents be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 22 ] ORDERS that when the situation allows it, the adolescent be encouraged to have contact with Ms.

C; [ 23 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the youth and the youth's family; [ 24 ] ORDERS the execution of the present judgment by any police officer; [ 25 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment; [ 26 ] THE WHOLE , for a period of one year. Signed in Town B on March 15, 2023 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Mathias Czor For the adolescent Mtre Adèle Cyr For the applicant Date of hearing: February 9, 2023