2022 QCCQ 13874, 2022 QCCQ 13874

Protection de la jeunesse — 224765 2022 QCCQ 13874 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 525-41-039990-221 DATE: March 3, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2006 adolescent and A B parents ______________________________________________________________________ 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.). [ 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 March 3, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent’s security or development is endangered due to her serious behavioural disturbances, psychological ill-treatment, the parents’ neglect in terms of supervision and a serious risk of neglect. [ 3 ] On January 11, 2022, the Tribunal entrusted the adolescent, on a provisional basis, to a hospital centre [ 4 ] Today, the Director recommends that the adolescent be entrusted to her mother’s care and that support measures be ordered for a period of one year. [ 5 ] The parents and the adolescent are in agreement with the Director’s plan.

They question some of the alleged rationale for compromission. Questions in litigation [ 6 ] Did the Director present preponderant evidence regarding psychological ill-treatment, neglect and serious risk of neglect? [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and analysis [ 8 ] On November 1, 2021, the adolescent tried to commit suicide by ingesting Tylenols while at school. She remained hospitalized at the Hospital A and at the Hospital B. [ 9 ] The adolescent has been diagnosed with high functioning autism.

In the past, she has been diagnosed with obsessive compulsive disorder, depressive disorder, borderline personality traits, symptoms of anxiety and parents and child relational issues. At some point, she refused to take her prescribed medication and partake in therapeutic services.

[ 10 ] The adolescent mentioned wanting to run away from the hospital and wanting to commit suicide. In January 2022, the adolescent started smashing her head on the wall. She mentioned that, should she be released from the hospital, she would try to commit suicide. The adolescent has been resistant in engaging therapeutic process with her parents. [ 11 ] The adolescent has been exposed to her father’s drug consumption (marijuana, mushrooms and cocaine). Since August 2021, the father relapsed consuming crack cocaine. The adolescent has been anxious regarding her father’s situation and the effect of second- hand smoke on her health. These facts are the basis for compromission under

section 38

c) of the YPA . The father is now receiving weekly support from [organism A]. He plans to enter a drug rehabilitation program. [ 12 ] Due to the severity of the adolescent’s behavioural difficulties, the mother had difficulties maintaining appropriate supervision for her daughter. During her testimony, the Youth Protection worker mentioned that the mother respected all of the professional’s recommendations. She confirmed that the mother was mobilized to find solutions for her daughter’s situation. [ 13 ] Since January 31, 2022, the family received support from an educator.

From January 27 to February 22, 2022, the adolescent has been able to have 13 day passes to visit her mother’s home. Visits are reported as positive. [ 14 ] The mother moved to a new home in Town A on February 1, 2022. [ 15 ] On February 10, 2022, the mother reported that, upon her discharge, the adolescent will receive support from a psychologist. [ 16 ] At this point in time, the adolescent report being ready to be discharged to her mother’s care. She mentioned being open to receive therapeutic support.

The Director’s intervention remains necessary in order to facilitate the adolescent’s reintegration to her mother’s care. THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the amended application for protection; [ 18 ] DECLARES that the security or the development of the adolescent is endangered (

section 38

f) and 38

c) of the Youth Protection Act ); [ 19 ] ENTRUSTS the adolescent to her mother’s care; [ 20 ] ORDERS that frequency and modalities of contacts between the adolescent and her father be determined by the Director of Youth Protection, including supervision if necessary and taking into account the adolescent’s wishes; [ 21 ] ORDERS that the father not expose the adolescent to any form of substance use while in her presence; [ 22 ] RECOMMENDS that the adolescent continue to participate in therapeutic services to address her mental health needs (i.e. psychiatry, CRDITED) and follow any recommendations including taking medication as prescribed; [ 23 ] RECOMMENDS that the father follow through with accessing services to address his substance use issues (i.e. [Center A] or another drug rehabilitation program) and follow recommendations; [ 24 ] RECOMMENDS that the father undergo random drug testing at the discretion of the Director of Youth Protection; [ 25 ] RECOMMENDS that the parents follow the adolescent’s safety and treatment plan; [ 26 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and her family; [ 27 ] THE WHOLE for a period of twelve months; [ 28 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on March 7, 2022 /cd Mtre Hanane Loumi Counsel for the Director of Youth Protection Mtre Sylvain Lévesque Counsel for the adolescent Mtre Vivian Nguyen Counsel for the mother Date of hearing: March 3, 2022