2016 QCCQ 17116, 2016 QCCQ 17116

Protection de la jeunesse — 168163 2016 QCCQ 17116 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-002052-162 DATE: December 15, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2001 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, residing and domiciled in Town A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 38, 75 and 91 Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ 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 A submits to the Court a motion to declare the security and development of X, born on [...], 2001, in danger with regard to

section 38 (

d) and (

f) of the Youth Protection Act. [ 2 ] At the hearing, the parents and the youth are present, assisted by Me Angèle Tommasel (mother), Me Marie-Claude De Gagné (father) and Me Joannie Jacob (youth). Me Aubrée Coutanson assists the applicant, Mrs [Social Worker 1]. [ 3 ] The parents acknowledge few allegations in the petition and admit that the security and development of their daughter are in danger. They do not agree with the recommendations.

They want their daughter to remain with them, and if it is not possible, they want her to stay with her maternal grandmother. [ 4 ] The youth admits many allegations and wants to remain with her parents. [ 5 ] The evidence is completed with the testimonies of the social worker and the mother.

A social study is filed. [ 6 ] It is proved that X displays serious behavioural problems such as consuming drugs and alcohol, sniffing gasoline, not attending school on a regular basis, putting herself at risk with her relationships, displaying suicidal ideations and suicidal behaviours. [ 7 ] Since July 2016, she has been isolated five times in the nursing isolation room for suicidal behaviours.

During the same month, she has been medevaced three times to Puvirnituq for at least three days each time because of her suicidal behaviours. [ 8 ] Eight emergency interventions from Social Services were necessary regarding her temper tantrums and acting out. [ 9 ] Adding to those behavioural problems, there is also the fact that the youth was victim of sexual abuse by a relative and again recently. The youth is pregnant. Her mother does not agree with an abortion except if it is the baby of the uncle, the abuser. [ 10 ] The youth, by her way of acting when she has suicidal ideations, always hits her belly.

She does not seems to accept her pregnancy. [ 11 ] As the father consumes alcohol abusively and also sexually touched his daughter last summer, he is unable to control or to support X. Also, the father is violent when under the influence of alcohol. [ 12 ] The mother is also pregnant. Even if she will have to assume her own newborn, she is willing to assume her daughter’s baby. She does not have good communication with her daughter. She cannot control her. She learned about the sexual abuses when her

daughter has been medevaced the first time, but she kept the secret since. [ 13 ] The parents were not very collaborative with the social workers since their interventions. [ 14 ] As the youth’s situation is endangered and as she is pregnant and has not decided if she wants to keep the baby or not, it is urgent that the youth be placed in a safe and structured environment. Her impulsive behaviours since the summer, put herself at risk. She is in distress and does not have a significant adult in her environment she might trust. She is afraid of her father, who when he is mad, hits her.

She cannot rely on her mother to protect her. [ 15 ] Even bound by strict conditions imposed by the Court on provisional measures, the youth did not respect them.

Consequently, it is impossible to let her stay in her family with conditions. [ 16 ] Considering the whole evidence, the analysis of the family that has to be completed, the mitigated collaboration the parents offer, the nature of the youth’s problems and their seriousness, FOR THESE MOTIVES, THE COURT: [ 17 ] DECLARES the security and development of X in danger; [ 18 ] ORDERS the placement of X in a reception centre for a period of one year, starting November 10, 2016; [ 19 ] ORDERS that the youth receive specific health care and services (including a psychological assessment and follow-up if required); [ 20 ] ORDERS the Director of Youth Protection to supervise the contacts and visits of the youth with her parents (duration, frequency, under supervision of a third party if required); [ 21 ] ORDERS the parents to seek help through the Social Services concerning their substance addiction, conjugal violence and anger management issues; [ 22 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and her parents for a period of one year; [ 23 ] ORDERS the youth and the parents to take an active

part in the application of the measures ordered; [ 24 ] ORDERS the police to collaborate with the execution of the present judgment; [ 25 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q. Me Aubrée Coutanson Attorney for the applicant Me Angèle Tommasel Attorney for the mother Me Marie-Claude De Gagné Attorney for the father Me Joannie Jacob Attorney for the youth Date of hearing: November 10, 2016