2022 QCCQ 12461, 2022 QCCQ 12461

Protection de la jeunesse — 227414 2022 QCCQ 12461 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000902-223 DATE: November 23, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2009 child 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 9.2, 9.3 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 November 23, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered due to a situation of serious risk of neglect and psychological ill-treatment. [ 3 ] The Director also alleges that the child exhibits serious behavioural disturbances and that she was the victim of a sexual abuse by someone in the community. [ 4 ] Today, the Director recommends that the child be placed in a rehabilitation centre for a period of six months, that reintegration to the mother’s care starts after four months and that support measures be ordered for a period of one year. [ 5 ] The parents and the child’s attorney agree with the Director’s plan. [ 6 ] The child would like that the reintegration be permitted to either of her parents.

Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and analysis [ 8 ] The child has been exhibiting serious behavioural difficulties for some times (not respecting her parents’ authority, leaving the house in the middle of the night without permission, making threats to commit suicide or to harm herself, consuming alcohol, speed, cocaine, and marijuana. [ 9 ] She attends school in secondary I. [ 10 ] On September 16, 2022, the adolescent was found displaying aggressive behaviours while highly intoxicated. She had to be

handcuffed and detained to sober up. Immediate protective measures were invoked, and she was placed in the group home A. [ 11 ] The mother reported that X had told her that she had been sexually assaulted when she was 11 years old. The mother did not know how to react to such statement. The father made a complaint to the police regarding this assault on his daughter.

The child recognized that she was sexually assaulted by someone in the community in Town A. [ 12 ] The parents experience difficulty providing structure to the child and are overwhelmed with the situation. [ 13 ] On September 22, 2022, the Tribunal ordered the child’s provisional placement into a rehabilitation centre. [ 14 ] The parents have a longstanding history of alcohol abuse. [ 15 ] The mother admits consuming alcohol. She also mentioned that the father was sober for two months during the summer but that he relapsed to binge drinking.

When they are both drunk, they tend to argue and sometimes get into a physical fight. The child has often witnessed her parents’ fighting. [ 16 ] X reported that her parents often drink and that she would then care for her younger siblings. [ 17 ] The parents are currently having marital problems. Since October 2022, they are living apart. The mother is in Town A while the father is in Town B. [ 18 ] Since her placement in the group home, the child has been doing well. She participated in the program and attended school on a regular basis. She refused to take

part in the drug and alcohol program [of the organism A] but recently started seeing a therapist. [ 19 ] The child needs to work on her own issues in a structured and professional setting such as a rehabilitation centre. [ 20 ] The Tribunal was reassured by the Youth Protection worker’s testimony to the effect that art therapy will be possible for the child. Social Services could also refer the child and her mother for them to address their relationship. THEREFORE AND FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application for protection; [ 22 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 2, 38 f), 38 d) 1 and 38

c) of the Youth Protection Act ); [ 23 ] ORDERS that the child be placed in a rehabilitation centre of a period of six months with integration to either parent's care after four months; [ 24 ] ORDERS that frequency and modality of contacts between the child and her parents be determined by the Director of Youth Protection; [ 25 ] RECOMMENDS that the child receive services for her drug and alcohol abuse; [ 26 ] ORDERS that the child be offered services of art therapy; [ 27 ] ORDERS that the child and her mother be referred by the Social Services in order to receive counselling regarding their relationship; [ 28 ] ORDERS that the child attend school regularly and that any absence be justified; [ 29 ] ORDERS that the parents take active steps to address their substance abuse issues (treatment program and relapse prevention); [ 30 ] ORDERS that the parents ensure that the child is not exposed to anyone under the influence of drugs and/or alcohol; [ 31 ] ORDERS that the parents ensure that the child is not exposed to any form of violence; [ 32 ] AUTHORIZES the Director of Youth Protection to release and obtain information from service providers involved with the family regarding progress and attendance; [ 33 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 34 ] THE WHOLE for a period of one year; [ 35 ] ENTRUSTS the situation of X to the Director of Youth A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on January 6, 2023 /cd Mtre Adélia Ferreira

Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Justine Bergeron Counsel for the mother Mtre Marie-Josée Ayoub Counsel for the father Date of hearing: November 23, 2022