2022 QCCQ 6985, 2022 QCCQ 6985

Protection de la jeunesse — 223077 2022 QCCQ 6985 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth Division »

No: 105-41-000552-217 DATE: June 23, 2022 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2007 Adolescent And A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 and 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to revise and extend the order rendered on August 2, 2021, in respect of the adolescent in order to entrust her to a foster family until February 28, 2023. [ 2 ] The DYP also requests a prohibition of contacts between the adolescent and Mr. C.

A notice was also notified to the latter for that matter. [ 3 ] At the hearing, the mother as well as the adolescent challenge the measure of a placement in a foster family as well as the prohibition of contact with Mr. C . They ask that she remains entrusted to her grandmother. The father is absent, even if he was duly notified of the proceedings. [ 4 ] After the evidence submitted, the Court mentions that such an order regarding Mr. C will not be granted in this form.

Instead, the contacts will be allowed after an agreement is reached between the parties, and they may be supervised if deemed necessary. [ 5 ] Now, what about the placement of the adolescent in a foster family? [ 6 ] On August 2, 2021, a judgment ordered that the adolescent be entrusted to a foster family. On February 22, a provisional measure was rendered entrusting her to her paternal grandmother Ms. D. This measure was extended, and the hearing on the merits is set for June 7th. [ 7 ] Since the adolescent lives with her grandmother, her mother continues to ask her to baby-sit her youngest children.

The youth delegate then asks the mother to stop making such demands to her daughter. Her two younger brothers have special needs and this represents a lot of responsibility for the adolescent. [ 8 ] It was established between the youth delegate, the grandmother and the adolescent that a routine should be imposed at home. However, the adolescent refuses to follow the rules and does as she pleases. In fact, the grandmother struggles to impose a routine and a structure to her granddaughter. [ 9 ] The adolescent has a special bond with Mr. C who is her former stepfather, and he represents for her a father figure.

She visits him by herself, without any permission and without advising the DYP. Sometimes, she even sleeps over. On several occasions, she is

told that she cannot go to the latter’s house, but she does not listen to the instructions and does what she wants. The grandmother points out that at Mr. C’s, the adolescent consumes alcohol and drugs. Despite this, the grandmother does not intervene with the adolescent to stop it. [ 10 ] Ove r the months, several services are set up to support and help the adolescent. She benefits from follow-ups with an educator with whom a list of rules is established and which she must respect at her grandmother. She begins a psychological follow-up but stops going there under the pretext that she no longer needs it.

She also had a consultation with a child psychiatrist who diagnosed her with an anxiety disorder characterized by social phobia, agoraphobia, panic disorder and obsessive-compulsive disorder. Currently, she is medicated for her anxiety and sleep problems. [ 11 ] The mother-daughter relationship is almost none existent, except when the adolescent asks for money. In fact, for the adolescent, the mother only provides money to buy cannabis when she asks for it or sometimes she gives some of her own. Work is being done to try to bring them closer, but with little success.

At some point, the adolescent refused to meet with her mother to work on their issues . However, at the hearing, the Court finds an alliance between the mother and the daughter. Can we see hope that the relationship will improve? It should not be forgotten that recently the adolescent revealed that her mother physically abused her. The mother was facing criminal charges for these events. Nevertheless, the charges were dropped following the adolescent’s statement saying that she lied.

Even, if the goal was a return of the adolescent to her maternal home, it seems impossible at the moment, considering no work has been done or succeeding, allowing them to address their issues and put their differences behind them. [ 12 ] The DYP considers as well that the grandmother’s environment is not a viable option for the adolescent. The youth delegate as well as the educator maintains that it is difficult to know the truth in the grandmother’s environment. Her version of events often differs from that of the adolescent. It is difficult to get the truth from them.

The grandmother is not able to set up an adequate structure, routine and supervision. According to her, it is the adolescent who controls this house. She does not put limits on her, because it displeases the adolescent. [ 13 ] The adolescent misses school regularly and deals with anxiety issues. Her diagnosis means that she needs a stable, supportive environment, free of conflict and with adequate supervision. [ 14 ] However, the Court is not convinced that everything has been tried with the adolescent before considering, yet, another change of environment.

We must remember that the last time it was not very successful. The testimony of the youth delegate does not convince the Court that the measure requested by the DYP is the most appropriate for the adolescent, although she is obviously very worried about the adolescent. [ 15 ] The adolescent maintains that she will mobilize herself. We are talking about a 15 year-old girl who must also take responsibility, respect her grandmother’s authority and respect the established rules.

The Court considers that the adolescent must remain in her current environment, but this will not be possible without some effort from her part as well as her grandmother. They both must demonstrate transparency towards the DYP and demonstrate to the Court that they are able to enforce the commitments made during the hearing. To do this, the Court will reduce the duration of the measure to take stock of the situation and see short-term progress.

In addition, the adolescent is well advised that if there are no real changes, more drastic means may be considered, particularly, a stay in a rehabilitation center. [ 16 ] In the coming months, the adolescent will have to collaborate actively with the DYP. Once again, the Court reiterates that she will have to demonstrate greater transparency. As of the next school year, she will have to be more diligent in her school attendance, more punctual and make the necessary efforts at school. [ 17 ] The evidence demonstrates that the security and development of the adolescent are still in danger.

Considering the evidence and the admissions, the application is partly well-founded. Furthermore, the Court will order the following measures. FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for revision and extension of order; [ 19 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 20 ] REVISES AND EXTENDS the Court order rendered on August 2, 2021; [ 21 ] ORDERS that the child be entrusted to her grandmother Ms. D; [ 22 ] ORDERS that the contacts between the adolescent and her mother be determined according to an agreement between the parties; [ 23 ] ORDERS that the contacts between the adolescent and Mr.

C be determined according to agreement between the parties and AUTHORIZES the DYP to supervise them; [ 24 ] ORDERS that the family receive the services from an external educator, as long as deemed necessary by the DYP; [ 25 ] RECOMMENDS that the adolescent submit to random drug screening tests; [ 26 ] FORBIDS the mother from exposing the adolescent to any form of violence; [ 27 ] ORDERS that the mother and the adolescent actively participate in the measures ordered to put an end to the situation of endangerment; [ 28 ] ORDERS that the mother report to the DYP on the measures she applies to put an end to the situation in which the security and

development of the adolescent is in danger; [ 29 ] RECOMMENDS that the adolescent receive health care and social services required by her condition, particularly a psychological follow-up and a follow-up with a child psychiatrist; [ 30 ] RECOMMENDS that the mother submit to random drug screening tests; [ 31 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and her family until October 31, 2022; [ 32 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Jules Grenier for the child Ms. A the mother Mr. B the father (absent) Date of hearing: June 8, 2022