2019 QCCQ 15152, 2019 QCCQ 15152

Protection de la jeunesse — 1911742 2019 QCCQ 15152 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002339-197 DATE : October 10, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2002 and A B parent s ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). Introduction [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on October 10, 2019. [ 2 ] The Court is seized of an application presented by the Director of youth protection (DYP), requesting that the security and development of the youth be declared in danger for serious behavioral disturbances and sexual abuse (

section 38

f) and d) 1 of the Youth Protection Act ), as expressed in the motion. [ 3 ] Consequently the DYP asks the Court to entrust the youth to a rehabilitation center, as well as other measures to improve the situation. Question in litigation [ 4 ] Are the security and development of the youth compromised? In the affirmative, do the recommended measures answer her needs and are they in her best interest?

Context and Analysis [ 5 ] The parents did not attend the Court because there was a situation in Town A. [ 6 ] The father via his lawyer informs the Court he will abide by X’s wishes, as well as the mother. [ 7 ] On May 2019, the youth was sexually assaulted by Mr B, after a while she displays suicidal ideations, and was seen intoxicated. [ 8 ] She did’nt accept any follow up and did not receive any services from the Social Services.

[ 9 ] The parents took actions to ensure the safety of X but have been unable to prevent dangerous situations in which the youth put herself. [ 10 ] X made multiple attempts on her life in the last months. [ 11 ] X had the chance to evolve with her parents who live together in a stable environment free of violence and alcohol consumption since 24 years. [ 12 ] X verbalized that living in a structured environment helps her being sober and she said that being with her family helps her face the difficult events.

She asks to be reintegrate to C and D when she will be back in the community. [ 13 ] Those persons are presently evaluated by the foster family department of DYP. [ 14 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the youth are in danger and that the measures suggested meet her needs and deemed to be in her best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application ; [ 16 ] DECLARES that the security and development of X are still compromised under 38

f) and d) 1 of the Youth Protection Act ; [ 17 ] ORDERS that the youth be entrusted to a rehabilitation center; [ 18 ] ORDERS that the youth be entrusted to a foster family, namely the one of C and D, as soon as the situation allows; [ 19 ] ORDERS that the youth receives psychological support from Social Services while placed in a foster family; [ 20 ] ORDERS that the youth and the youth’s parents take an active

part in the application of any of the measures ordered by the tribunal; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 22 ] ORDERS that the youth or the youth’s parents report in person, at regular intervals, to the director to inform him of the current situation; [ 23 ] ORDERS that a person working for an institution or a body provides aid, counsel and assistances to the child and the family; [ 24 ] ENTRUSTS the situation of the youth to the DYP who shall then see that the measures are carried out; [ 25 ] ORDERS the execution of the present decision by any peace officer.

THE WHOLE until [...], 2020. ___________________________________ Dominique Wilhelmy, J.C.Q. Signed on Mtre Robert André Adam Counsel for the Director of Youth Protection Mtre Éliane Villemur Counsel for the youth Mtre Angèle Tommasel Counsel for the mother