2023 QCCQ 2547, 2023 QCCQ 2547

Protection de la jeunesse — 23914 2023 QCCQ 2547 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 635-41-001216-222 DATE: February 8, 2023 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on [...], 2010 Adolescent and A Mother and B (deceased) 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) submits an application for protection concerning the situation of the adolescent X. [ 2 ] The mother lives in Town A and her address is unknown. She was notified by email, the only way she can be reached . She is not involved in her son’s situation. She has not assumed parental responsibilities since she left her community to live in Town A four years ago. [ 3 ] The father is deceased. [ 4 ] The maternal grandmother, Ms.

C, took on parental responsibilities for her grandson. She was not at the hearing, and she is not declared to be an interested party in this file. [ 5 ] The adolescent was not present at the hearing because he is very fragile. He is represented by Me David Boudreau, who spoke with him and received a clear mandate. [ 6 ] The evidence shows that the adolescent displays serious behavioural disturbances. [ 7 ] On November 7, 2022, the adolescent was in crisis at school. He was involved in a fight with another student. He expressed suicidal ideation.

He also disclosed having tried to commit suicide the previous day. [ 8 ] On November 29, 2022, he attempted to commit suicide and was medevacked to the Hospital Centre A to receive specific care for his mental health condition.

He stated that he did not want to return to his community A. [ 9 ] The grandmother, who was the caregiver for the adolescent, declared she was overwhelmed by his situation and was not able to care for him anymore. [ 10 ] On November 30, 2022, an immediate protection measure was taken and the adolescent was entrusted to the Hospital Centre A. [ 11 ] On December 1, 2022, the adolescent was entrusted to a foster family. He had a suicidal crisis not longer after and was hospitalized again in Town B.

[ 12 ] Between December 29, 2022, and January 11, 2023, he was in crisis a few times and displayed suicidal ideations. He also tried to hang himself. [ 13 ] On January 13, 2023, he was discharged from the hospital, and the psychiatrist, Dr. Ana Gomez-Carillo, suggested that the best environment to answer the adolescent’s needs is a rehabilitation centre because he needs high-intensity services. [ 14 ] Dr.

Gomez-Carillo diagnosed the adolescent with complex grief, major depression, adjustment disorder with anxio-depressive symptoms, likely complex trauma and attachment disorder. [ 15 ] Regarding the psychological follow-up, the adolescent started therapy with Dr. Donovan Edwards on January 6, 2023. This follow-up is positive and the adolescent participates well in this service. [ 16 ] The evidence establishes that the mother struggles with multiple issues.

The Police Service Department A (SPV[A]) has intervened numerous times for conjugal conflicts and violence, and for a crisis when the mother was intoxicated. [ 17 ] The Court must declare the security and development of the adolescent to be in danger due to his serious behavioural disturbances, under

section 38(

f) of the Youth Protection Act . The abandonment of the adolescent by the mother, who is his only parental figure, has also endangered his security and development under

section 38(

a) of the Youth Protection Act . [ 18 ] This young adolescent of only 13 years old has had a very difficult life experience. He suffers from severe social anxiety and other disorders that require specialized and professional attention. He needs a structured living environment provided by a rehabilitation centre. [ 19 ] The grandmother is still involved in the adolescent’s situation. She c cooperates with youth protection services. She was the adolescent’s main caregiver for many years.

If the situation allows it, a return to her care will have to be considered, but it will depend on her capacity to provide a safe and secure environment. [ 20 ] The Court considers that this application and the recommendations of the additional report prepared by Ms. [Social Worker 2], social worker, are in the interest of the adolescent. FOR ALL THESE REASONS, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and development of the adolescent X, born on [...], 2010, are in danger under sections 38(

f) and (

a) of the Youth Protection Act . [ 23 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre, with a gradual return to his maternal grandmother or, if not possible, to the care of a foster family, as soon as the situation allows it; [ 24 ] ORDERS that the terms, frequency, and degree of supervision of contact between the adolescent, the mother, and the maternal grandparents be determined by the Director of Youth ; [ 25 ] ORDERS that the adolescent attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 26 ] ORDERS that the adolescent’s mother take an active

part in the application of any of the measures ordered by the Court; [ 27 ] ORDERS that the adolescent or the adolescent’s mother report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 28 ] ORDERS that the adolescent receive all health care and health services required by his situation and more specifically, follow- up with a psychiatrist and a psychologist ; [ 29 ] WITHDRAWS from the mother the exercise of parental authority regarding medical, school and extracurricular activities and GRANTS the said authority to the Director of Youth Protection; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling, or assistance to the adolescent and the adolescent’s family; [ 31 ] ORDERS the execution of the present judgment by any police officer; [ 32 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A, who shall then see that the measures are carried out.

Signed in Town C on March 15, 2023 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre David Boudreau For the adolescent Mtre Camille Striganuk For the applicant Date of hearing: February 8, 2023