2019 QCCQ 15206, 2019 QCCQ 15206

Protection de la jeunesse — 1910358 2019 QCCQ 15206 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000802-170 DATE: April 17, 2019 (written judgment rendered on October 15, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2003 [SOCIAL WORKER 1], Youth Protection worker duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother and B , residing and domiciled at [...] Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 (DYP) asks the Court to revise a decision rendered on July 27, 2018, regarding the adolescent X, born on [...], 2003.

At that date the Court declared the security and development still endangered and maintained the adolescent with her mother, with aid, counselling and assistance, until February 28, 2019. [ 2 ] The DYP submits that the situation does not allow to keep the youth with her mother and asks that to entrust her to a foster family with reintegration under her parents’ care if the situation allows it, until January 31, 2020. Position of the parties [ 3 ] The mother is present and represented by Me St-Amand.

She admits most of the allegations, and she agrees with the measures. [ 4 ] The father is present, but not represented. He admits all the allegations, and he agrees with the measures. [ 5 ] X, who is now 16 years old, is present and represented by Me Jennis. She admits all the allegations and she wishes to be fostered by her sister in Town A. History of the situation [ 6 ] On October 13, 2017 , the situation of X was submitted to the Court. She had been the victim of sexual abuse from Mr. C, 33 years old, for a period of few months.

In June 2017, the family decided to entrust her under her sister’s care in Town A to protect her. X consume drugs and alcohol and has behavioural issues as aggressiveness and anxiety. She found a way to see Mr. C when he came in Town A because he is manipulative towards her. She feel harassed and she is scared he kills her. The DYP would like her to stay at her sister’s place because she is taking very good care of her. X and her father would like her to go to her uncle’s place in Town B. At school, X shows learning difficulties and behavioural issues.

The medical file shows that she was sexually abused when she was 5 years old, she suffered from chlamydia, she had suicidal ideation and she was the victim of bullying. According to Dr. Larose, child psychiatrist: X’s situation could lead her to prostitution as she may attempt to diminish her pain by seeking abusive relationship to make the initial trauma appear less than it is as additional traumas are lived. [ 7 ] The mother is very involved in her daughter's life. She does everything she can, but the situation is actually out of control. The father does not seem to realize the seriousness of the situation.

The Court declared that the security and the development of X are endangered [1] and entrusted her to a foster family until July 30, 2018, with a progressive reintegration with her parents at the end of the school year if the situation allows it. The Court also ordered the DYP to file an application for IVAC, ordered a follow-up with the Social Services and an evaluation with a child psychiatrist to assess her behaviour and get access to specialized help to deal with her traumas.

[ 8 ] On December 1, 2017 , the Court revised the situation. The evidence showed that X still displays behavioural issues. She was found intoxicated and brought back by the police. Her sister who foster her is overwhelmed. She was also suspended from school because of a violent event. She went two weeks at her mother's place, but the mother said that it did not go well. She was sexually assaulted at her father’s place while she was intoxicated and the father also.

The Court entrusted her to a rehabilitation centre and ordered a follow-up with a child psychiatrist. [ 9 ] On September 4, 2018 , the Court noted that the beginning of the placement was difficult, but she improved a lot. The situation of the parents is stable. X should have been sexually abused again at her mother’s place and since then, the mother is taking steps to find another place to stay.

The Court entrusted her under her mother’s care and ordered a follow-up with a child psychiatrist and that the family received the services from an external educator. [ 10 ] On February 28, 2019 , following a provisional hearing, X was entrusted to her sister, Ms. D. Facts [ 11 ] Following the last hearing, as ordered, X came back in Town C. [ 12 ] C was back in Town C in June 2018, and he lives in a house close to her place. X was very insecure. The mother, who is the adoptive mother, decided to entrust her to her biological mother, Ms. D. [ 13 ] Mr.

C has no more criminal conditions to respect since this date as he was acquitted the day fixed for his trial. X was supposed to receive a subpoena to come at the court to testify, but this subpoena was never communicated to her when she was at the rehabilitation centre in Town D. Because of that, as a victim, she feels wronged by the justice system. [ 14 ] On November 11, 2018, X displayed suicidal ideation and she was medevaced to Town A and after being discharged, her sister hesitated, but finally accepted to take care of her until Christmas.

The services of an external educator was offered. [ 15 ] After Christmas when she came back home, her mother sent her back at Ms. D’s place, but X would prefer to stay at her sister’s place. For this reason, the DYP filed an application under

section 76.1 YPA in February 2019, and X was entrusted to her sister. The service of an external educator was requested again, but not available yet. [ 16 ] X also collaborates well with the DYP services. At school, it’s more difficult as she does not go regularly, but when she goes she behaves well. [ 17 ] Before Christmas, when X was in Town A after her hospitalization, she benefits from the services of Ms. E who is specialized to intervene with victims of sexual abuse. This service is only provided in Town A. [ 18 ] The services of the child psychiatrist were not provided as it had been ordered.

The DYP justifies it by the fact that X was transferred from one place to another one many times, and she was not in Town C when the child psychiatrist came in this community. [ 19 ] The parents collaborate well with the DYP worker. The mother has no difficulty to request for help when she needs, as she did when she would like to change her place of living. But she has a very traumatic background and the sexual abuse is a very painful subject for her. Despite her background, she was able to raise her children adequately and to take care of them and she is very proud of that.

Analysis [ 20 ] The situation of X remained endangered and she still needs to be supported and to receive professional help. [ 21 ] On this aspect, the Court noted that the intensity of service ordered many times was not provided adequately. The fact that X was not at the good place to meet with the psychiatrist is not an excuse. With the multiple traumas and aggressions she suffered from, it’s urgent she receives this service. If she has to travel to Town D to benefit from it, the DYP has to organize the travelling. [ 22 ] The sister is for sure taking very good care of her, but she also needs help.

X would like to stay there, but the sister has to be supported in her involvement. The services of an external educator have to be provided in an urgent way.

FOR THOSE REASONS, THE COURT: [ 23 ] GRANTS the application; [ 24 ] DECLARES that the security and development of the youth X, born on [...], 2003, are still endangered; [ 25 ] ENTRUSTS the youth to a foster family with reintegration under her parents’ care when the situation allows it; [ 26 ] TAKES judicial notice that the foster family will be her sister Y; [ 27 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their youth’s regard to put an end to the situation in which her security and development are endangered; [ 28 ] ORDERS that the youth and the parents take an active

part in the application of any of the measures ordered by the Court; [ 29 ] ORDERS that the youth receive specific health care and services such as a follow-up with a psychologist and a psychological evaluation without delay; [ 30 ] ORDERS that the youth and the foster family receive the services of an external educator;

[ 31 ] ORDERS that the parents remain sober in the presence of the youth; [ 32 ] ORDERS that the contacts between X and Mr.

C be forbidden; [ 33 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the youth, the parents and the foster family; [ 34 ] ORDERS that the contacts between the youth and the parents be facilitated and the terms and degree of supervision be determined by the Director of Youth Protection; [ 35 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 36 ] ORDERS the execution of the present judgment by any peace officer; [ 37 ] THE WHOLE until January 31, 2020. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Caroline Jennis, attorney for the youth Me Félix St-Amand, attorney for the mother Date of hearing: April 17, 2019