2023 QCCQ 5662, 2023 QCCQ 5662

Protection de la jeunesse — 232953 2023 QCCQ 5662 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002939-236 DATE: June 28, 2023 ______________________________________________________________________ BY THE HONOURABLE MARIE-CHANTAL BRASSARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] in her quality of authorized person by the Director of Youth Protection A Applicant and X Child and A B Parents ______________________________________________________________________ JUDGMENT (Section 38 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Youth Protection Director has filed an application to have declared that the security or development of the child is in danger according to

section 38 b) 1 iii of the Youth Protection Act (neglect in terms of education needs; inappropriate supervision or support). [ 2 ] The Director alleges that the child clearly needs a structured environment with rules and routine. The child has been displaying behaviour issues since she was 4 years old. The father does not supervise the child adequately; therefore, she stole ATV on a few occasions and has been wandering in the community.

The mother is not involved much in the life of the child other than by social media. [ 3 ] As final measure, the Director recommends that the child be entrusted to a foster family until June 30, 2024. It is noted that no foster family has been currently identified to take care of the child. [ 4 ] The child admits most of the compromising facts and agrees with the entrustment to a foster family. She knows that she needs to evolve in a safe and supporting environment to develop positively. [ 5 ] The child and her family have been refusing the services offered to them.

It is clear that the child has personal issues and traumas that should be addressed before her problematic behaviours do get out of hand. [ 6 ] The lack of supervision by the parents affects the child. She is not always attending school, nor respecting curfew or informing her father of her whereabouts.

But there are no consequences at home for these behaviours, so she goes on with these conducts. [ 7 ] The youth has been violent with another youth on one occasion. [ 8 ] The youth has difficulty to open up and is reluctant to the help and services offered to her. [ 9 ] As for the father, he also acknowledges, to a certain degree, the compromising facts. But he cannot foresee their impacts on the child. He candidly recognizes not having collaborated with the Director and not be willing to do so.

This is unfortunate, as it is clear for the Court, that this lack of collaboration is not helping the child, nor the situation and is just adding to the issues of inappropriate support given by the father. [ 10 ] Taking into consideration all evidence adduced and admissions of the parties, the Court finds that the security and development of the youth are in danger.

[ 11 ] A psychological assessment conducted in 2021 has been filed in evidence. It clearly underlines the traumas lived by the child and their impacts on her mental schemes. And updated evaluation is needed to assess the current situation, to reduce the problematic behaviours and to work on her traumas. [ 12 ] There is an urgent need to implement a caring and structured environment for the child, with clear and constant rules, to first understand the source of her reactions and then to work on diminishing the intensity and recurrence of her problematic behaviours.

THEREFORE THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of the child X, born on [...], 2012, are in danger under

section 38 b) 1 iii of the Youth Protection Act; [ 15 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection center; [ 16 ] TAKES JUDICIAL NOTICE that no suitable foster family was found for the youth as of now, and that the child will remain under the care of the father until such foster family is found; [ 17 ] ORDERS that the child be gradually reintegrated under the care of the parents as soon as the situation allows it; [ 18 ] ORDERS that the child and the child’s parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 19 ] ORDERS that the child and the child’s parents report in person, at regular intervals, to the Director to inform him of the current situation; [ 20 ] ORDERS that the contacts between the child and the parents be determined by the Director as for the modalities, the frequency and the degree of supervision; [ 21 ] ORDERS that the parents remain sober at all times in the presence of the child: [ 22 ] ORDERS that the parents refrain from any kind of violent behaviour in the presence of the child; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 24 ] RECOMMENDS that an updated psychological assessment of the child be conducted by a professional and the recommendations be followed; [ 25 ] ORDERS that the child receive all the care and services require by her mental health as long as she needs to, namely the service of a child psychiatrist; [ 26 ] ORDERS that the services of an external educator be offered and implemented if requested; [ 27 ] ENTRUSTS the situation of X to the DYP A who shall then see that the measures are carried out; [ 28 ] orders that police force collaborate to the execution of the court order; [ 29 ] THE WHOLE UNTIL June 30, 2024. __________________________________ MARIE-CHANTAL BRASSARD, J.C.Q.

Me Catherine Windisch Attorney for the Youth Protection Me Lythiana Niyonkuru Attorney for the child Me Angèle Tommasel Attorney for the father

A Mother-absent Date of hearing: June 28, 2023 Last exhibit: D-6