2019 QCCQ 19753, 2019 QCCQ 19753

Protection de la jeunesse — 198148 2019 QCCQ 19753 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000964-194 DATE: September 25, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2003 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 September 25, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent has been victim of sexual abuse. [ 3 ] Today, the Director recommends that the adolescent remain placed in a rehabilitation centre and that support measures be ordered for a period of nine months. [ 4 ] The parents are agreeing with the Director’s plan. [ 5 ] The adolescent wishes to be placed in a foster family instead of a rehabilitation centre.

Questions in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? [ 7 ] It is necessary to place the adolescent in a structured setting? Context and Analysis [ 8 ] On December 3, 2018, the Director retained a report to the effect that the adolescent had been sexually abused by C on at least six occasions, between December 2016 and November 2018. On March 1 and 13, 2019, it was reported that she had been sexually abused by D, on two occasions, in 2018 and 2019. The mother was aware of the facts but unable to protect her daughter.

The mother “ tolerates the presence of people with dangerous sexual behaviours in her house, affecting her daughter ” [1] . She reported to the Youth Protection worker “ not being able to refuse C in her house and that no one could help her ” [2] . [ 9 ] On December 13, 2018, the adolescent presented herself to the police station, while intoxicated and expressing suicidal ideations.

[ 10 ] In 2018, the adolescent stopped attending school. […] she barely goes out of her house, she does not like to be surrounded by many people and she is scared of being in her community and in her own house [3] . [ 11 ] On April 24, 2019, the parties signed an Agreement on Voluntary Measures, recognizing the situation of abuse and agreeing to receive support services.

The parties convened that the adolescent would be placed in a foster family and that she would gradually be reintegrated to her parents as soon as the situation allows it. [ 12 ] On May 7, 2019, the adolescent informed the Youth Protection worker that she did not want to go stay with her aunt in Inukjuak anymore. Following a discussion, it was agreed that she would go accompanied by her mother. [ 13 ] On May 10, 2019, the Youth Protection worker was informed that the adolescent was now with her aunt, Mrs.

E, in Town B. [ 14 ] On May 14, 2019, the mother called the Youth Protection worker informing him that she was no longer in agreement with her daughter’s placement in Town B. The adolescent was returned to her community on May 20, 2019. [ 15 ] On July 3, 2019, the adolescent reported to the Youth Protection worker that she did not feel safe at home. She mentioned that the previous night, someone came into her room without her permission. With her parents’ consent, she was placed in a foster family.

However she did not stay there and returned to her family home. [ 16 ] On July 4, 2019, the adolescent was placed in another foster family, but she ran away and returned home a second time. [ 17 ] The adolescent does not wish to stay in a foster family or in another resource as she does not wish to be a burden and does not wish to be perceived as a victim. [ 18 ] On July 9, 2019, the adolescent informed [social worker 1], CLSC social worker, that the previous night, an individual entered her room and touched her thigh without her consent.

The adolescent reported that there was a lot of drinking in her home and that she did not feel safe. [ 19 ] On July 10, 2019, immediate protective measures were invoked and the adolescent was placed in a foster family outside of her community. [ 20 ] On July 15, 2019, the mother informed the Youth Protection worker that she was no longer in agreement with her daughter being placed outside of the village. [ 21 ] On July 23, 2019, the foster mother informed the Youth Protection worker that the adolescent had marijuana in her possession.

It was later determined that the mother had given this marijuana to her daughter. Later that day, the adolescent ran away from the foster family. The police found her and brought her to the hospital as she expressed wanting to hurt herself. [ 22 ] On July 29, 2019, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. Following the hearing, the adolescent made suicidal threats and was brought to the hospital, where she spent the night.

Contrary to the order, the Director maintained the adolescent in the care of F until August 8, 2019. [ 23 ] On August 8, 2019, the adolescent was placed at the A unit in Town B. [ 24 ] While in the unit, the adolescent tried to cut herself. She also ran away for a few hours on one occasion. She had difficulty adjusting to the rehabilitation centre’s structure. It is now felt that she is doing better. She attends school daily and participates in the group home program. [ 25 ] The mother is actively collaborating with the Director.

She is honest and transparent but passive and limited in her capacity to protect her daughter. [ 26 ] The father is minimally involved in the adolescent’s life. [ 27 ] The adolescent was sexually abused on several occasions and her mother was unable to ensure and maintain protective measures. The adolescent is unable to remain focused on her issues while residing in a foster family. Her behavioural issues probably stem from being victim of sexual abuse, but they still exist (suicidal ideations, alcohol and marijuana consumption issues, and self- harming behaviours).

At this point in time, she needs more structure than what can be provided by a foster family. It would be premature to transfer her to a different setting. It would also probably be beneficial for her to participate in an individual therapeutic process. THEREFORE AND FOR THESE REASONS, THE COURT: [ 28 ] GRANTS the application for protection; [ 29 ] DECLARES that the security or the development of the adolescent is endangered (

section 38 d) 1 of the Youth Protection Act ); [ 30 ] ORDERS that the adolescent be entrusted to a rehabilitation centre; [ 31 ] ORDERS that the mother take an active

part in the application of the measures designed to put an end to the situation of compromission; [ 32 ] ORDERS that the adolescent receive services to address her emotional and physical health, more particularly that she takes

part

in a therapeutic process if she wish so and that the follow-up with Mrs.

F be continued; [ 33 ] ORDERS that the adolescent receive the services offered by IVAC (Indemnisation des victimes d’actes criminels) and TAKES NOTE that the referral was accepted and assigned to a case worker; [ 34 ] RECOMMENDS that the mother and father seek help through the Social Services concerning their ability to provide a safe living environment for their daughter; [ 35 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the adolescent and her family; [ 36 ] THE WHOLE until May 4, 2020; [ 37 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on November 18, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Caroline Jennis and Mrs. Laurence Migué Counsel for the adolescent Mtre Angèle Tommasel Counsel for the mother Mtre Nada Boumeftah Counsel for the father Date of hearing: September 25, 2019