2018 QCCQ 19672, 2018 QCCQ 19672

Protection de la jeunesse — 1810722 2018 QCCQ 19672 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 34136-184 Date: November 22, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2002 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) JD2620 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 Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of November 22, 2018, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A filed an Application to declare that the security or development of a child is in danger in the case of X , a sixteen year-old adolescent, based on her serious behavioural disturbances. [ 3 ] The facts alleged in support of the application dated June 26, 2018 are as follows: 3.1. on or about June 17, 2018, the adolescent was placed under immediate protective measures; 3.2. on June 19, 2018, the Honourable Judge Alain Brillon extended the immediate protective measures; 3.3. the adolescent has serious behavioural disturbances and objects to steps taken by the mother to put an end to the situation, more particularly but not restrictively in that:

a) the adolescent presents with moderate intellectual delays and functions at the level of a 12 year old;

b) the adolescent is involved with drug use (marijuana) on a regular basis;

c) the adolescent frequently returns home under the influence of marijuana;

d) the adolescent comes and goes as she pleases, despite the mother’s efforts to enforce a curfew;

e) the adolescent does not inform her mother of her whereabouts;

f) the adolescent is involved in sexual activity with different adults;

g) concerns exist that the adolescent exchanges sexual favors for marijuana;

h) serious conflicts exist between the mother and adolescent, particularly about the adolescent’s activities and whereabouts; 3.4. services put into place by the mother have not been sufficient to stabilize the situation; 3.5. the mother is not able to ensure the adolescent’s safety and is requesting help before the adolescent can return home; 3.6. attempts to reach the father have not been successful to date (reproduced with errors and/or omissions). [ 4 ] The hearing on the merits began on August 16, 2018.

The Director then recommended that the adolescent remain entrusted to a rehabilitation center for an interim period of three months. [ 5 ] The mother agreed with the Director of Youth Protection’s recommendation and consented to her daughter’s continued placement. [ 6 ] Although the adolescent wished to return to her mother’s care immediately, she did not oppose the measures, having no alternative to suggest. [ 7 ] The hearing was continued on November 22, 2018.

The Director then recommended that the adolescent be returned to her mother’s care, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 8 ] The mother, assisted by Me Macleod, and the adolescent, assisted by Me Harvey, both expressed their consent to all the proposed measures. [ 9 ] The adolescent’s father could not be present at the hearing. However, he was aware of the proceedings, did not request a postponement and agreed to the measures.

Consequently, the Court proceeded in his absence. [ 10 ] The Director filed Exhibits D-1 to D-4 as evidence: D-1: Copy of the child’s birth certificate; D-2: En liasse: previous court decisions in file 525-41-028763-142; D-3: Court Report, prepared by [Social Worker 2], dated August 8, 2018; D-4: Addendum, prepared by [Social Worker 2], dated November 16, 2018. [ 11 ] In

summary, the evidence clearly establishes the adolescent’s need for protection in light of her difficulties in making appropriate choices, thus putting herself at risk. [ 12 ] The mother is effectively collaborating with many professionals to ensure that her daughter’s needs are met: Ms. A is working hard with the [Centre A] educator, Ms. [Social Worker 3] in establishing a clear routine and structure for X in the home (i.e consistent supervision, boundaries, asserting parental authority and respect.) […] Despite the on-going and long-standing risks that exists with X’s behaviors, Ms.

A has demonstrated her ability to protect X with the appropriate structures and rules in place, while being surrounded by a strong team of professionals (i.e CLSC Social Worker, [Centre A] Educator, [Shelter A], Psychologist, and [School A] Social Worker.) Mr. B has recently returned to City A due to some medical issues and will be residing in the family home. He has acted as an additional support to Ms.

A during this time. [2] [ 13 ] At the hearing, the mother spontaneously added that she has the “best team” working with her and expressed her gratitude to the Director of Youth Protection worker, Ms. [Social Worker 2].

The adolescent also expressed her agreement to continue working with all the professionals involved. [ 14 ] As a result, with the necessary support services in place, the adolescent can be returned to her mother’s care, as agreed upon by all the parties. [ 15 ] Moreover, steps have also been taken to allow the adolescent to attend a treatment center in [Province A] as soon as a place becomes available. [ 16 ] Consequently, the Court is satisfied that the application is well-founded and that the measures are in the adolescent's interest.

THEREFORE, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and the development of the adolescent, X , are in danger under

section 38 (

f) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 19 ] ORDERS that the adolescent be entrusted to her mother;

[ 20 ] TAKES JUDICIAL NOTICE that the adolescent will be attending the [Center B] in [Province A] as soon as a place is available for her; [ 21 ] STRONGLY RECOMMENDS that the adolescent continue to engage with all her service providers (i.e. [Centre A] educator, [Centre A] psychologist, CLSC social worker, Art therapist, School Social Worker) to address her trauma, behavior, and anger; [ 22 ] STRONGLY RECOMMENDS that the mother continue to engage with all her service providers (i.e. [Centre A] educator, [Centre A] psychologist, CLSC social worker, [Shelter A]) to better manage the adolescent’s behavior and to receive support with parenting; [ 23 ] ORDERS that the adolescent and the parents collaborate with the Director of Youth Protection; [ 24 ] STRONGLY RECOMMENDS that the adolescent and her mother continue to follow the recommendations of their treating professionals; [ 25 ] STRONGLY RECOMMENDS respite be provided to the family on weekends; [ 26 ] AUTHORIZES the Director of Youth Protection to obtain relevant information from the professionals involved with the family regarding participation and attendance; [ 27 ] ORDERS that the family receive the services of an educator for as long as necessary; [ 28 ] RECOMMENDS that the same worker, Ms. [Social Worker 2], remain assigned to the case, if possible; [ 29 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and her family; [ 30 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 31 ] THE WHOLE for a period of one year.

Signed on November 29, 2018 TAYA DI PIETRO, Q.C.J. Me Dominique Douglas Attorney for the Director of Youth Protection Me Sonia Harvey Attorney for the adolescent Me Heather Macleod Attorney for the mother TD/vl