2021 QCCQ 9191, 2021 QCCQ 9191

Protection de la jeunesse — 215310 2021 QCCQ 9191 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 550-41-004223-218 DATE: May 7 th , 2021 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X , born on [...], 2006 Adolescent A B Parents ______________________________________________________________________ JUDGMENT (sections 38 and 75, 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Court is seized of a motion under

section 38 of the Youth Protection Act , whereby the Director alleges that the security or development of the adolescent is endangered as a result of a situation of serious behavioural disturbance and psychological ill-treatment. [ 2 ] In terms of measures for the next 12 months, the Director recommends that the adolescent be entrusted to a foster family, that the adolescent receive specific health care and services, that contacts with the mother be determined by agreement between the parties and that contacts with the father be suspended.

Specific follow-ups are also recommended for the mother. [ 3 ] The adolescent and the mother admit the motives alleged in support of the motion; they recognize that the report prepared by the social practitioner offers an adequate description of the situation and they agree with the recommended measures. As to the father, he is has not been involved in the adolescent’s life for quite some time and his whereabouts are unknown.

ANALYSIS [ 4 ] This is not the Director’s first intervention and the Children Aid Society of Ontario was also involved since the child’s birth, leading to several removals from the family environment.

Of note, the adolescent was entrusted to a friend of the family for three years, a milieu were the adolescent was physically and verbally abused, leading to a return under the mother’s care in April 2018. [ 5 ] On July 3 rd , 2020, the undersigned declared the security and the development of the adolescent to be endangered because of a situation of serious behavioral disturbance and psychological ill-treatment (emotional rejection from the parents).

The adolescent’s mental health was particularly fragile (suicidal thoughts, self-injuries and anger-management difficulties), having led to two hospitalizations over the course of the previous year. The undersigned ordered that the adolescent be entrusted to a foster family for a period of six months. Contacts with the father were suspended and the adolescent was to receive urgent psychological support. [ 6 ] The adolescent reintegrated the mother’s milieu in January 2021.

On March 3 rd , 2021, a three month post-ruling agreement was signed to ensure that services would be maintained at the end of the Court ruling. [ 7 ] On March 10 th , 2021, the adolescent was hospitalized because of suicidal thoughts and was later released. The adolescent feels rejected, is dealing with acute attachment issues and does not wish to go back under the mother’s care.

[ 8 ] The mother is transparent about her situation and the difficulties she encountered following the adolescent’s return under her care. She offers good collaboration to the Director and her staff. [ 9 ] The evidence support the Director’s claim that the security and the development of the adolescent are endangered for he alleged motives.

Everyone agrees with the proposed measures, which are in the interest of the adolescent and respectful of the adolescent’s rights. [ 10 ] THEREFORE THE COURT : [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and the development of the adolescent are endangered because of a situation of serious behavioral disturbance and psychological ill-treatment; [ 13 ] ORDERS the implementation of the following protection measures for a period of 12 months:

a) That the adolescent be entrusted to a foster family;

b) That contacts between the adolescent and the mother be determined by agreement between the parties ;

c) That contacts between the adolescent and the father be suspended;

d) That the mother and the adolescent actively participates in the elaboration, revision and actualisation of the intervention plan;

e) That the mother report, at regular intervals, to the Director of Youth Protection on the evolution of the situation;

f) That a person authorised by the Director of Youth Protection A provide aid, counsel and assistance to the adolescent and the family; [ 14 ] RECOMMENDS that the adolescent receive specific health care and services, such as a social follow-up, a medical follow-up, a family therapy and a continuation of the psychological support already under way; [ 15 ] RECOMMENDS that the mother implicate herself in a mental health follow-up, a follow-up for parental abilities and a family therapy; [ 16 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C.

M e Kevin Dupéré Counsel for the Director of Youth Protection M e Daniel Lessard Counsel for the adolescent A Mother Date of hearing: May 7 th , 2021