2018 QCCQ 15779, 2018 QCCQ 15779

Protection de la jeunesse — 186615 2018 QCCQ 15779 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-002035-031 DATE: May 16, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born [...], 2003 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] For many years, X resides with her grandmother Mrs. C, an environment she shares with her half-sister Y.

On April 19, 2010, the Court entrusts her in this milieu until her majority. [ 2 ] Since that time, partial revisions occur on issues pertaining to access and parental authority. [ 3 ] Alleging X’s increasing distress and behavioural difficulties, the Director of Youth Protection now seeks a fundamental review of the measures in place, recommending principally her placement in the more structured environment of a rehabilitation centre until the end of the year. [ 4 ] Both X and her parents subscribe to the Director’s evaluation and orientation. Mrs.

C also consigns her agreement as well as her wish that her granddaughter receive the support she requires. [ 5 ] Analysis and decision [ 6 ] In 2017, the family dynamic becomes increasingly difficult. Conflicts are recurrent between the sisters and with their grandmother, with manipulation and victimization being regular themes. Services are put in place to support the family, to little avail. [ 7 ] In December 2017, X confides to her caseworker being distraught in relation to her family situation. [ 8 ] Both X’s grandmother and sister have challenges which limit their capacities on various levels.

X compensates for these. She perceives having to assume a parental role in order to compensate for her grandmother’s lack of authority and structure. [ 9 ] Although X sees her mother regularly, she complains of having to assume the care of her toddler and feels imposed upon to do so. [ 10 ] As to her father, the situation remains unchanged in that he refuses to cooperate with the follow up. X sees him on a regular basis at her grandmother’s home, but verbalizes wanting more contacts. [ 11 ] For the last year, X struggles under the pressure of her family situation.

She entertains suicidal thoughts and even makes a suicide attempt by ingesting her grandmother’s medication. [ 12 ] On December 20, X abuses alcohol and has other destructive behaviours. This results in her being transported to the hospital by ambulance.

[ 13 ] Mrs. C recognizes the degeneration of X’s behaviours and to not being able to adequately respond to these. [ 14 ] In January 2018, X declares needing a break and asks a transfer into a foster home. Both her mother and grandmother agree to this measure, while asking that she also benefit from mental health services. [ 15 ] Initially, X seems appeased by this transfer. She respects the rules and functions well, although she has a tendency to isolate herself from others. The services of an educator is put in place.

Despite this, her self-harm behaviours return and her emotional state fluctuates. [ 16 ] In March, she wanders around after school and has suicidal thoughts. When the group home picks her up, she is withdrawn and then aggressive, threatening to jump out a window. In reason of her behaviours, she is hospitalized. This leads to a recommendation that she be transferred in the more structured environment of a group home. [ 17 ] Once again, this is short-lived as the group home expresses concerns as to their ability to adequately supervise X in reason of her evasive behaviours.

As of May, X resides in a rehabilitation unit in Town A, while awaiting a place in an anglophone unit. [ 18 ] X is awaiting an evaluation and services through Santé mentale jeunesse . [ 19 ] Since her placement in a neutral environment, the relationship between X and her mother improves. Ms A makes substantial strides in assuming her parental role and being available for her daughter. She also asks for support in this vein, which is encouraging. [ 20 ] Mrs.

C initiates few contacts with X, preferring that her granddaughter ask to see her. [ 21 ] X requires a neutral and structured environment at the present time, while receiving services to address the issues which contribute to her ongoing emotional distress.

The next months will serve to stabilize her and further evaluate whether she can reintegrate her family environment. [ 22 ] After taking into consideration the parties' admissions as well as the documentary evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and furthermore, give rise to the measures sought. [ 23 ] FOR ALL THESE REASONS, THE COURT: [ 24 ] GRANTS the application; [ 25 ] DECLARES that the security and development of the adolescent are still in danger; [ 26 ] REVISES the Court order rendered on March 30, 2015; [ 27 ] ENTRUSTS the adolescent to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A until December 31, 2018; [ 28 ] ORDERS that the contacts between the adolescent and her mother be following mutual agreement between the parties; [ 29 ] ORDERS that the contacts between the adolescent and her father be following mutual agreement between the parties and in the presence of a third party chosen by the Director of Youth Protection; [ 30 ] ORDERS that the contacts between the adolescent and her grandparents be following mutual agreement between the parties; [ 31 ] ORDERS that the adolescent and her parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end to the situation of endangerment; [ 32 ] ORDERS that the adolescent and her parents take an active

part in the application of the measures ordered; [ 33 ] ORDERS that a person working for an institution or a body provide aid, counselling and assistance to the adolescent and her family; [ 34 ] THE WHOLE until December 31, 2018; [ 35 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre Jeunesse A for the execution of the order. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Pascale Boucher Attorney for the applicant Me Annie Girard Attorney for the mother Me Claudette Morin Attorney for the father

Me Michel Robert Attorney for the adolescent Date of hearing: May 16, 2018