2020 QCCQ 3381, 2020 QCCQ 3381

Protection de la jeunesse — 204071 JL5004 2020 QCCQ 3381 COURT OF QUEBEC « Youth Division » CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N°: 540-41-005071-179 DATE : JULY 2, 2020 ______________________________________________________________________ PRESIDING : THE HONOURABLE LISA LEROUX, J.C.Q. [SOCIAL WORKER 1], Youth protection worker duly authorized by the Director of Youth Protection A, Applicant And X, Born on [...], 2004 Adolescent And A B Parents JUDGMENT Under

section 95 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 11.2.1 and 135 Y.P.A.) [ 1 ] On April 2, 2019, Justice Ginette Maillet maintains the declaration of endangerment concerning the adolescent due to physical abuse

[ 1 ] On April 2, 2019, Justice Ginette Maillet maintains the declaration of endangerment concerning the adolescent due to physical abuse and notably orders that she remains entrusted to a foster family for a period of one year. [ 2 ] Today, the Director of youth protection (hereinafter the « Director ») asks the tribunal to revise the measures aiming to protect the adolescent. He claims that the adolescent’s situation is still very fragile, in fact, back in May, she was transferred to a rehabilitation center after attempting to commit suicide.

Therefore, he considers his intervention still necessary. [ 3 ] He recommends to the tribunal, among other measures, to maintain the adolescent in a rehabilitation center with the possibility that she integrates a resource aimed at the development of autonomy when her situation allows it. The Director also asks to be able to sign any relevant authorizations concerning the adolescent since the father is either hard to reach or refuses to give some documents (i.e. social insurance card) that are needed by the adolescent.

All these measures would apply until [...], 2022. [ 4 ] The adolescent is in agreement with the recommandations. She recognizes the content of the reports. [ 5 ] The father also agrees with the proposed measures, except the one related to his parental authority. He denies not being reachable when needed by the Director. [ 6 ] As for the mother, she is absent the day of the hearing. All the attempts made by the Director to reach her were unsuccessfull. She is not involved in the adolescent’s situation since, at least, the last court hearing in 2019. In these circumstances, the tribunal procedes without her.

DECISION [ 7 ] During the summer of 2019, the father moved to Town A with the adolescent’s siblings. Despite the Director’s efforts, no in-person contacts have been made between the adolescent and the father. Fortunately, she had a few contacts with some of her siblings and family members. [ 8 ] The adolescent’s evolution in her foster family deteriorated over time. In June 2019, she self-harmed following a disagreement with the foster parents. In early fall, she has had suicidal verbalisations for which medical and psychological follow ups are provided to her.

At her request, she integrates a new foster home November 1, 2019. [ 9 ] However, on May 9, 2020, the adolescent attempted to commit suicide. She was hospitalized until May 25, 2020. That day, she was sent to a rehabilitation center. [ 10 ] Her level of anxiety is still high, she is fragile and vulnerable. [ 11 ] The adolescent still carries traumas from her past (the relationship with her parents, the separation from her siblings and her anxiety).

Since she does not have appropriate support from her parents to address these traumas, the Director’s presence remains essential. [ 12 ] It appears that the rehabilitation center provides the environment that the adolescent requires right now. Her needs are met and she benefits from the presence of educators. It is the proper place for her to be at the moment and it is where she can progress personally, academically and health wise. [ 13 ] The Director requests that the exercise of certain attributes of the parental authority of both parents be withdrawn from them and granted to him.

M. [Social worker 1] testifies that, firstly, the mother is completely absent and unreachable. Second of all, the father can also be hard to reach, or he refuses to send important documents that are needed by the adolescent, such as her social insurance card. Also, M. [Social worker 1] mentions that he has been waiting for two years now to receive the adolescent’s birth certificate, which prevent her from obtaining her passport. [ 14 ] The father denies not being reachable. He affirms that he always return phone calls within a few hours or days. He also replies to emails that are sent to him.

As for the social insurance card, he argues that he gave the number to M.[Social worker 1] so he don’t know what the problem is. [ 15 ] On this aspect, all the parties consent to the tribunal’s suggestion, which is that if the father doesn’t reply to the Director’s demand in a delay of 48 hours, the latter shall be authorized to sign any relevant documents concerning the adolescent.

The purpose of this measure is to ensure that the adolescent receives all the care and health services required by her state, without any delay, and also to make sure that she is not penalized for obtaining her drivring license or to participate in any other activities or projects she might have. As for the insurance social card, the tribunal is of the opinion that the adolescent should have it with her.

As for the birth certificate, given the importance for the adolescent’s obtaining it, the tribunal intends to allow the Director to directly make the request to the apporpriate government authority. [ 16 ] In lights of the evidence established by the testimony heard and the reports filed, the tribunal is of the view that the ground of endangerment is still present and finds that the measures proposed in support of this review application are justified, are in the adolesent’s best intestest and respect her rights. [ 17 ] CONSEQUENTLY AND FOR ALL THESE REASONS, THE TRIBUNAL : [ 18 ] GRANTS the motion for protection; [ 19 ] MAINTAINS that the security and development of X are in danger under paragraph e) 1) of

section 38 of the Youth Protection Act ; [ 20 ] ENTRUSTS the adolescent to a rehabilitation center with the possibility that she can integrate a resource aimed at the development of autonomy when her situation allows it;

[ 21 ] ORDERS that the contacts between the adolescent and her parents be determined in agreement with all the parties with respect to the frequency and the modalities as well as the degree of supervision required, according to the desire and the interest of the adolescent; [ 22 ] ORDERS that the contacts between the adolescent and her family (brother, sister, aunt and cousin) be determined in agreement with all the parties with respect to the frequency and the modalities, according to the desire and the interest of the adolescent; [ 23 ] ORDERS that the adolescent has access to all services and the health care services required by her situation, including a psychological follow-up; [ 24 ] ORDERS that the adolescent undertakes to follow the security plan put in place for her connection with her suicidal behavior; [ 25 ] ORDERS that the parents report periodically to the Director on the measures they apply in their own regard or in the adolescent’s regard to put an end to the situation in which the security and the development of the adolescent are in danger; [ 26 ] ORDERS that the parents and the adolescent take an active

part in the application of any of the measures ordered by the tribunal; [ 27 ] ORDERS the father to send to the Director, in a delay of two weeks, the original of the social insurance card which belongs to the adolescent. [ 28 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the mother; [ 29 ] AUTHORIZES the Director to sign any relevant documents regarding the adolescent with regards to health care, education, leisure activities, renewal of health insurance, request for social insurance card, social security card, passport, driver’s license, authorization to travel outside Canada, if the father neglects to give the authorization within a delay of 48 hours. [ 30 ] WITHDRAWS from the parents the exercise of certain attributes of their parental authorithy with regard to request the birth certificate of the adolescent ; [ 31 ] GRANTS to the Director of youth protection of the Centre intégré de santé et de services sociaux A this attribute ; [ 32 ] AUTHORIZES the Director of youth protection of the Centre intégré de santé et de services sociaux A to request and to obtain from the Government of [province A] the original of the birth certificate of X (born [...], 2004); [ 33 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the adolescent and the parents until [...], 2022.

July, 24 2020 __________________________________ LISA LEROUX, J.C.Q. This is the written and reasoned version of the oral judgment handed down on July, 2th 2020 in accordance with

section 90 of the Youth Protection Act . Mtre. Marie-Pier LORTIE Counsel for the Directeur de la protection de la jeunesse Mtre. Éric OUELLETTE Counsel for the adolescent Mtre. Nadia JAMIESON Counsel for the father A Mother LL/hl- tt