2021 QCCQ 17066, 2021 QCCQ 17066

Protection de la jeunesse — 217831 2021 QCCQ 17066 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] « Youth Division »

No: 145-41-000718-210 DATE: November 3, 2021 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2005 Adolescent -and- A -and- 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to declare that the security and development of the adolescent are in danger, according to

section 38e)1 o , 38b)2 o and 38f) of the Youth protection Act , notably because of physical abuse (mother), a serious risk of neglect (mother’s addiction) and behavioural problems. At the hearing, the parents are present, but unrepresented by a lawyer. They both agree with the recommendations of the DYP. [ 2 ] The DYP intervenes with this family due to events that took place in the maternal environment. On September 14, 2021, an immediate protective measures was applied to entrust the adolescent to the Hospital A. On September 16, 2021, the measures were extended and the latter was entrusted to a third party.

On September 23, 2021, a judgment on provisional measures was rendered entrusting her to a rehabilitation center. [ 3 ] A situation which degenerated between the mother and the adolescent is at the origin of the involvement of the DYP. The adolescent received the vaccine for Covid-19. The day after she felt nauseous and did not want to attend school. The mother disagreed with that decision about missing school. An argument broke out between them, which turned into a physical altercation. The two of them exchanged punches and the adolescent got a black eye. Afterwards, the latter swallowed a lot of pills.

She was brought to the hospital to be treated. [ 4 ] At the hospital, the adolescent disclosed a few information’s regarding her personal situation. While living in Alberta, she was diagnosed with an eating disorder, anxiety and depression. She mutilates herself, which is observable on her arms and was sexually abused. She adds that her mother struggles with an addiction problem. [ 5 ] The DYP and Alberta Child Welfare Services have already been involved with the family in the past. Indeed, in 2017, the mother was struggling with a substance abuse problem.

In 2018, allegations of domestic violence and substance abuse have been raised regarding the father's environment. [ 6 ] The family is living in Alberta. During summer time, the mother visited her hometown of Town A, with her daughter. During these vacations, the adolescent begun to bond with her paternal grandfather and other members of the community.

When the parents separated, the mother obtain custody of her daughter and the father had access rights. [ 7 ] At some point, the mother decided that they would stay in Town A, after spending their summer vacation there, so she registered her daughter in school in the area.

[ 8 ] The mother admits relapsing during the summer and she still struggles with her addictions. The latter collaborates well with the DYP. She is ready to undergo drug screenings tests and to do the necessary follow-ups, which have already started. She does not want to fight with her daughter anymore and she wants things to be sorted out. Furthermore, she is sober since August 15, 2021. The parents give their daughter the space she needs. They also respect her wish not to live with either of them. The parents have a great relationship and share their role in co-parenting.

The mother claims that the father is a good one. [ 9 ] The relationship between the adolescent and her father is acrimonious. They have difficulty communicating. She does not want to live with him nor talk to him. The father collaborates well with the DYP. He worries about his daughter because she already committed three suicide attempts. He wonders about the adolescent surroundings and friends. In the past, she already stole alcohol and cannabis from him. [ 10 ] The adolescent use cannabis to help her manage her anxiety. Her parents are aware of it. She confides that this is not her first suicide attempt.

Over the years, she often moved and attended several schools. She wants to work on her relationship with her mother and to get involved in follow-ups. In school, she works hard. However, some stability in her case will be beneficial. [ 11 ] Both parents and adolescents desires that the situation improves. They are mobilizing in this direction. The mother has to provide a stable environment and needs to receive the necessary support regarding her personal difficulties. As for the father, he has to remain involved with his daughter, according to the place she grants him.

Moreover, he has to continue to support the mother in the current process. Overall, the adolescent needs a stable, safe and supportive environment in order to pursue her development properly. [ 12 ] The evidence demonstrates that the security and development of the adolescent are in danger. Considering the evidence adduces, the application is well founded. Furthermore, the measures suggested by the DYP appear to be in her best interest.

FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 13 ] GRANTS the application for protection; [ 14 ] DECLARES that the security and development of X are considered to be in danger according to

section 38e)1 o , 38b)2 o and 38f) of the Youth protection act ; [ 15 ] ORDERS that the adolescent be entrusted to a rehabilitation center, designated by the DYP, until May 31, 2022; [ 16 ] AUTHORIZES a progressive reintegration of the adolescent with the mother, starting March 31, 2022, if the situation allows it; [ 17 ] RECOMMENDS that the adolescent engage psychological counselling in connection with her personal difficulties, including psychological follow-up, psychiatric follow-up, drug addiction follow-up, as long as deemed necessary by the professionals involved; [ 18 ] RECOMMENDS that the parents engage psychological counselling in connection with their personal difficulties, including psychological follow-up, drug addiction follow-up and parent-adolescent relationship, as long as deemed necessary be the professionals involved; [ 19 ] RECOMMENDS that the mother submits herself to random drug tests; [ 20 ] ORDERS that the adolescent and her parents benefit from external rehabilitation services, as long as deemed necessary by the DYP; [ 21 ] ORDERS that the adolescent and parents actively participate in the application of the measures ordered; [ 22 ] ORDERS that a person working in an organization or institution brings to the adolescent as well as her family, help, advice and support until November 30, 2022; [ 23 ] 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; [ 24 ] ORDERS that the parties concerned by this order comply with it. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the adolescent

Mrs. A the mother Mr. B the father (Teams) Written judgment filed November 11, 2021.