2023 QCCQ 6800, 2023 QCCQ 6800

Protection de la jeunesse — 233589 2023 QCCQ 6800 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-001252-235 DATE: May 31, 2023 (written judgment rendered on June 20, 2023) ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X, born on [...], 2009 Youth and [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT FOR PROTECTION (

Section 38 of the Youth Protection Act (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 9.2, 9.3 and 135 Y.P.A.).

Introduction [ 1 ] In accordance with the requirements of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on May 31, 2023. [ 2 ] The Director of youth protection (DYP) asks the Court to declare the security and development of X, born on [...], 2009, endangered pursuant paragraphs b) 1 o iii, d) 1 and

f) of

section 38 of the Youth Protection Act . It is recommended to entrust her to a rehabilitation centre with a gradual reintegration with her parents as soon as the situation allows it, the whole for a period of one year. Questions in litigation [ 3 ] Are the security and development of the youth compromised? In the affirmative, do the recommended measures answer her needs and are they in her best interest? Context and Analysis [ 4 ] The mother agrees with the measures recommended by DYP.

The father, who was present this morning and left because he did not want to wait any longer, wants the youth to be entrusted to him. The youth would like to be entrusted to her father; she mentioned wanting to go back to the “old days”. She does not want to remain in a rehabilitation centre because the other youths are talking behind her back. [ 5 ] This youth was sexually abused in 2022.

She refuses to press charges, but the mother puts in place services from which the youth benefits. [ 6 ] She displays behavioural problems, such as: going into crisis, expressing suicidal ideation, consuming cannabis, school absenteeism, not respecting authority, staying out late, stealing things and hanging out with non-recommendable peers. [ 7 ] The youth admits generally the allegations of the application. About paragraph 4.5, she mentions that she never really wanted to commit suicide and that she consumed cannabis regularly only when her father was not in the community.

Concerning her school absenteeism, she specifies that it was because she was bullied by others.

[ 8 ] In 2022, her brother assaulted her after blaming her for reporting sexual abuse by one of his friends. [ 9 ] The mother is overwhelmed with the youth’s situation. She hopes the father becomes sober to be available for the youth. She also wants the youth to be helped by a shadow in school when she will be back in the community. [ 10 ] The applicant describes the DYP’s objectives well in its May 18 report: The main objective is to stabilize the adolescent by providing a more structure environment who can me[e]t her needs, with the ultimate goal that she reintegrates her family environment.

The youth needs to attend school in order to enhance her development and life skills, as well as needs to address her behavioural issues, such as decreased cannabis consumption, develop new coping skills and learns to respect rules and authority. She also needs to address the underlying matters that enhanced her behavioural issues, by working with the human relations officer as well as following through the recommendations of the psychologist who has been assessing her. If her perception concerning the abuses that she has been a victim of changes, it will be important that she receives the appropriate services.

The parents also need to understand their parental role in supporting their daughter through this evolution and to be able to put a structure around her. [ 11 ] The situation of the father is not suitable for the youth as he smokes cannabis and struggles with personal issues. He also refuses to receive support such as the services of the Social Services and Network A. [ 12 ] According to the allegations of the application, X needs services. She went through very difficult events at her young age.

The rehabilitation centre is the best place for her. [ 13 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the proof is sufficient to declare that the security and development of the youth are in danger and that the measures suggested meet her needs and deemed to be in her best interest. THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application for protection; [ 15 ] DECLARES that the security or development of X, born on [...], 2009, is in danger pursuant

section 38

f) of the Y.P.A.; [ 16 ] ENTRUSTS the youth to an institution operating a rehabilitation centre, chosen by the Director of Youth Protection; [ 17 ] ORDERS that the youth be gradually returned to her family or social environment as soon as the situation allows it; If the youth is back in the community: [ 18 ] ORDERS that the Director ensure that a shadow is assigned to the youth in school; [ 19 ] ORDERS that the Director clearly put in place a plan of reintegration and explain the conditions for such reintegration with the youth; [ 20 ] ORDERS that the contact 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; [ 21 ] ORDERS that the youth receive specific health care and health services; [ 22 ] STRONGLY RECOMMENDS that the youth participate in a psychological assessment by a psychologist; [ 23 ] ORDERS that the Director put in place the recommendations of the psychologist, if applicable; [ 24 ] ORDERS that the youth attend a school on a regular basis; [ 25 ] ORDERS that the youth and the parents take an active

part in the application of any of the measures ordered by the Court; [ 26 ] ORDERS that the youth and the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 27 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the youth and the youth’s family; [ 28 ] ORDERS to any peace officer to collaborate in the execution of this enactment, if requested by the Director; [ 29 ] ENTRUSTS the situation of the youth to the Director who shall then see that the measure is carried out; [ 30 ] THE WHOLE until March 31, 2024. __________________________________ Dominique Wilhelmy, J.C.Q.

M e Camille Striganuk For the applicant M e Geneviève Lucas For the youth Mrs. A Mother, present and not represented Mr. B Father, absent and not represented Date of hearing: May 31, 2023