2020 QCCQ 9885, 2020 QCCQ 9885

Protection de la jeunesse — 201466 2020 QCCQ 9885 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002228-184 DATE: January 21, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, 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 [...], 2002 Child and A Mother ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR 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 (The Director) submitted an application to the Court for a review of the decision that was rendered on December 11, 2018, declaring that the security and the development of the adolescent are in danger because she is a victim of physical abuse and psychological ill-treatment by her mother and because she has serious behavioural disturbances.

This judgment entrusted the youth to a rehabilitation centre until December 31, 2019. [ 2 ] The Director alleged a long series of facts. This judgment refers to those facts. [ 3 ] The Director recommends that the Court entrust the youth to her mother and that is order several assistance measures including a follow-up by Social Services until September 30, 2020. [ 4 ] The mother admits most of the facts alleged in this motion and she agrees with the recommendation that her daughter remain under her care. [ 5 ] The adolescent is absent. Mtre.

Lucas, on behalf of the youth, has expressed that she agrees with the recommendation even though she’s been ambivalent the last few months. [ 6 ] The evidence reveals the following facts: [ 7 ] The youth is 17 years old. [ 8 ] Since the last judgment, the mother has been back and forth in detention from February 2019 until June 17, 2019. [ 9 ] On June 17, 2019, she entered Treatment Centre A in Town A. [ 10 ] The mother came back in the community on July 18, 2019. [ 11 ] Since her return, there were no reports concerning alcohol abuse from the mother or in the family home. [ 12 ] Between January and May 2019, the youth put herself in danger on multiple occasions: she made two suicide attempts, ran away six times from the rehabilitation centre or during transport and had self-harming behaviours. [ 13 ] Since May 2019, her behaviour has improved a lot.

She follows the structure well, always obtains her weekly points for free time and she started working in the community. She would also open up more to the rehabilitation centre educators and according to her

educator, she is mature for her age and is able to identify her emotions well. [ 14 ] Since September 2019, the rehabilitation centre is recommending that the youth reintegrate her family as soon as possible following the fact that she would no longer be in need of rehabilitation services. [ 15 ] A life plan has then been prepared with the adolescent and as the life plan has always been to go back to the care of her mother, this was recommended to the Court in December 2019. [ 16 ] The youth was then ambivalent and she disclosed not being comfortable with the idea of a reintegration with her mother.

She asked for the possibility to be under the care of a foster family. [ 17 ] The reasons of this sudden change of mind are still unclear to the Social Worker. [ 18 ] The hearing was then postponed to January 21, 2020. [ 19 ] The youth was then entrusted to her maternal grandparents, the time to find a foster family outside the community which was the desire of the youth. [ 20 ] The youth agreed to spend the Holiday season in Town B under the care of her mother. The Director has met the youth several times since December 16 in order to better understand her situation.

The youth never opened up about what makes her uncomfortable at home. [ 21 ] The youth is still ambivalent nevertheless her lawyer expressed to the Court that she wishes to be entrusted to her mother. [ 22 ] The communication between the youth and her mother should be improved and the Director must help the mother and the youth to do so. [ 23 ] The Social Worker testified that since the holidays, the youth has been living full time with her mother. [ 24 ] There are still conflicts between the youth and the mother, and when it happens, the youth leaves to go live elsewhere, usually at her grandparents’ home. [ 25 ] The youth and her mother need individual support, family meetings and the grandparents are open to be involved in their grandchild’s situation so, given the age of the youth, her needs, her ambivalence, the conflict between her mother and herself, but her desire to remain with her mother, the support of the Director and Social Services the Court concludes that the recommendations made by the Director are in the best interest of the youth.

THEREFORE, THE COURT: [ 26 ] GRANTS the application; [ 27 ] DECLARES that the security and development of the youth continue to be endangered; [ 28 ] ENTRUSTS the adolescent to her mother; [ 29 ] ORDERS the mother to report periodically to the Director of Youth Protection on the measures she applies in her own regard or in her child’s regard to put an end to the situation of endangerment; [ 30 ] ORDERS the Director to meet personally with the youth for the whole period; [ 31 ] ORDERS that the youth and her mother take an active

part in the application of any measures ordered by the Tribunal; [ 32 ] ORDERS that the youth and her mother report in person, at regular intervals, to inform him of their current situation; [ 33 ] ORDERS that the mother remain sober in the presence of the youth; [ 34 ] ORDERS that the mother remain without any violent behaviours in the presence of the youth; [ 35 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the youth and her family until September 30, 2020; [ 36 ] ENTRUSTS the situation of X to the Director of Youth A who shall see that the measures are carried out.

Signed in Montréal on March ____ 2020 _________________________________ LUCIE GODIN, J.C.Q. Mtre. Karianne Asselin Cain Lamarre Lawyer for the applicant Mtre. Geneviève Lucas Desmarais Desvignes Crespo s.e.n.c.r.l. Lawyer for the child Mtre. Laurence Migué Centre communautaire juridique A Lawyer for the mother Date of hearing: January 21, 2020