r v. B, 2020 QCCQ 10087

Protection de la jeunesse — 201446 2020 QCCQ 10087 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 615-41-002231-172 DATE: February 13, 2020 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , in her quality of authorized person by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A, having a place of business at [...] Applicant v. X, born on [...], 2005 Adolescent v.

A , domiciled and residing at [...] Mother v. B Father ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) presents an application to review and extend a decision rendered on May 17, 2019, concerning X. [ 2 ] The Director seeks the placement of the teenager in a rehabilitation center for a period of six months. In fact, the Director proposed that she will be transferred at the Group Home A. [ 3 ] The mother and the father are present but not represented by a lawyer.

The teenager is present and represented. [ 4 ] A draft agreement is signed by the mother and the teenager.

The father refused to sign the document even if he confirmed verbally that he is in agreement with the measures proposed which aim to put an end to the situation that endangered the teenager’s security or development. [ 5 ] Considering the provision of the Youth Protection Act indicates that the consent of all parties must be given in a free and enlighten manner, the Court can’t accept to proceed with a draft agreement. [ 6 ] Even though, the parties recognized some facts and they accept the social worker’s recommendation in the revision report. [ 7 ] The Court considered as proven the following facts: − On or about July 27, 2019, the father participated to the reassessment of the risk of recidivism, which indicated that he is still at risk even though at a low rate worries; − In August 2019, the father returned to the family home for good, as he had finished his training program in Town A; − From September 24 th to December 12 th , 2019, the adolescent went to the [Centre A], after a few months in the rehabilitation center; − During her therapy, over the fact that she was working on her addiction problem, she decided to go further with the discloser of the sexual abuse from her father; − The mother now expresses that she believes her daughter and she asked the father to move out in order to protect the child; − The same weekend, the father had suicide ideation thoughts and was hospitalised for a few days.

The father has been on a sick leave for depression ever since. − The adolescent demonstrates impulsivity when she does not get the answers expected;

− On or about December 16 th , 2019, the adolescent physically aggressed an educator and explained her gesture by her anxiety; − During the Christmas holidays, the adolescent spent time with her family in Town B and stole 3.5 grams of weed that the mother had bought for her nephew and her twin sister’s iPod; − The adolescent confessed having stolen the weed in order to buy vodka; − The adolescent also went without her mother’s permission at a dealer's house; − During that period, the mother never called the youth protection nor drive the adolescent to the rehabilitation center; − Back to school on January 7 th , 2020, the adolescent quickly shown negative attitude and yelled claiming she just go out of therapy and was still taking drugs.

She said it was a joke; − On January 8, 2020, she had reflection class twice and ran out of class the second time; − The situation remains worrying; (Exact reproduction) [ 8 ] According to this evidence, the security and development of the teenager are still compromised and it is necessary to review and extend the last decision rendered on May 17, 2019. [ 9 ] X went to therapy from September 24, 2019, up to December 12, 2019, for addiction problems. She agrees that she is not ready to come back home. She still needs a structured environment.

She also admits that she felt back into substance abuse as soon after getting out of therapy. [ 10 ] The family’s situation is still fragile with the parent’s separation and the psychological fragility of the father at the moment. [ 11 ] It is hard for X to go through the judicial procedures to describe the situation of sexual abuse. On December 19, 2019, she physically aggressed an educator at the reception center.

Later on, she explained her gesture as the result of anxiety to the fact that her mother asked her and put pressure on her to go through the sexual abuse discloser against her father. [ 12 ] The mother now believes her daughter. It is positive for their relationship. It is important for the teenager to be supported, but it is also important to respect her choice and her capacity to deal with such difficult decision.

She must be supported without pressure having in mind her well-being and her psychological fragility. [ 13 ] She accepts to receive a psychological follow-up and a post-therapy follow-up. [ 14 ] Regarding the contact between the adolescent and the father, she expresses specifically that she doesn’t want to have contact with him during the investigation process. The mother shares this request.

Consequently, the Director will determine the contacts with the father having in mind the desire of the adolescent and her best interest. [ 15 ] The Court is of the opinion that the following measures are fit to put an end to the situation who endangered the security and development of the adolescent and in her best interest.

FOR THOSE REASONS, THE COURT: [ 16 ] GRANTS the motion ; [ 17 ] MAINTAINS that the situation of X, born on [...], 2005, is still being compromised ; [ 18 ] ENTRUST the youth to an institution operating a rehabilitation centre for a period of six months with a progressive reintegration if the situation permits it ; [ 19 ] ORDERS that the teenager actively participates in a post-therapy follow-up until deemed necessary by the professional offering her services and that she respects the recommendations ; [ 20 ] ORDERS that the teenager actively participate in her psychological follow-up until deemed necessary by the professional offering her services and that she respects the recommendations ; [ 21 ] ORDERS that the parents and the adolescent actively participate to a social follow-up and that they actively participate in the proposed measures by the Director of youth protection ; [ 22 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family for a period of 12 months ; [ 23 ] ORDERS that the contacts between the adolescent and the mother be determined by the Director regarding the frequency and modalities ; [ 24 ] ORDERS that the contacts between the adolescent and the father be determined by the Director regarding the frequency, the modalities and the presence of a third party if necessary and that the contacts be in the best interest of the adolescent and following her desire and that the Director will take notice of the desire of the adolescent and the mother that during the investigation regarding a

situation of sexual assault, the contacts between the adolescent and the father will not be allowed ; [ 25 ] ENTRUSTS the adolescent’s situation to the Director of youth protection for the execution of the present judgment Signed in Town C on April 2, 2020 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Agnès Sabourin-Zaccardelli Attorney for the applicant Mtre Angèle Tommasel Attorney for the adolescent Madam A Representing herself Mister B Representing himself Date of hearing: February 13, 2020