2017 QCCQ 692, 2017 QCCQ 692

Protection de la jeunesse — 1729 2017 QCCQ 692 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 614-41-000024-150 DATE: January 17, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2002 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services of A, working in Town A, Quebec, District A Applicant and MR A, residing and domiciled in Town B, Ontario Mother and MR B, residing and domiciled in Town A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 75 and 95 Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ 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 of the A Board of Health and Social Services A asks the Court to review the decision rendered on June 16, 2016 by Honourable Josée Bélanger, J.C.Q., concerning the situation of X, 14 years old. [ 2 ] The delegate of the Director of Youth Protection, Mrs [social worker 1], recommends the placement of the youth in a reception centre for five months. [ 3 ] At the hearing, the youth and her mother are present, represented by Me Yan Massé and Me Michel Grenier.

The father is absent. Me Gabriel Gaudreault assists the applicant. [ 4 ] The youth and her mother admit several allegations and they do not challenge the motion. They both agree with the measures recommended. [ 5 ] A revision report and reports from the Children’s Aid Society (CAS) are filed. [ 6 ] It is proved by preponderance evidence that the mother, the youth and her two half-siblings moved to Town B. [ 7 ] On November 2, 2016, the mother bought 12 cans of beer upon the youth’s request.

At night, a verbal altercation occurred between the youth and her mother, which led to the mother hitting the youth, pulling her hairs. The youth’s boyfriend intervened with a hammer. The mother’s boyfriend intervened and hit the youth’s boyfriend on the face, which led the latter to get dental surgery the next day. [ 8 ] Following this incident, the youth self-mutilated on her arm and neck with a razor blade. [ 9 ] The police was called and they brought the youth to the hospital. She was very agitated and aggressive. She assaulted a hospital’s employee.

She had to be physically restrained and sedated. [ 10 ] A report was made for the youth’s siblings. On November 3, a worker from CAS went to the mother’s house, but the mother did not answer. The worker came back with the police who broke the door to enter the premises. [ 11 ] The children were removed and placed. [ 12 ] X was admitted a second time at the hospital on November 5 due to her aggressive behaviours. She was again physically restrained and sedated until November 6, 2016.

[ 13 ] Following interventions of the youth protection worker, the youth and her family came back to Québec, and since, the youth is placed at the A reception centre. [ 14 ] The youth has been in a reception centre before and also attended treatment. It is now proved that all the behaviours problems of the youth are back and that the mother is unable to provide her the structures she needs. [ 15 ] Consequently, the Court considers urgent that re-education services be provided to the youth and that the mother improve on her life style. She must attend addiction treatment.

Also, her parental capacities must be developed.

FOR THESE MOTIVES, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of X are still in danger; [ 18 ] ORDERS the placement of X in a reception centre for five months with reintegration with her mother when their situation allows it; [ 19 ] ORDERS the Director of Youth Protection to provide the youth all medical and psychological services she may requires (including psychological evaluation); [ 20 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and her mother for a period of one year; [ 21 ] PROHIBITS the youth to consume any alcohol and/or drugs; [ 22 ] ORDERS the Director of Youth Protection to supervise the contacts between the youth and her father; [ 23 ] ORDERS any police officer to collaborate with the execution of the present enactment; [ 24 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Gabriel Gaudreault Attorney for the applicant Me Michel Grenier Attorney for the mother Me Yan Massé Attorney for the youth Date of hearing: December 9, 2016