2023 QCCQ 6797, 2023 QCCQ 6797

Protection de la jeunesse — 233586 2023 QCCQ 6797 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-001244-232 DATE: May 30, 2023 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X, born on [...], 2008 Youth and [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Interested party ______________________________________________________________________ JUDGMENT FOR PROTECTION (

Section 38 of the Youth Protection Act (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 9.2, 9.3 and 135 Y.P.A.).

Introduction [ 1 ] In accordance with the requirements 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 May 30, 2023. [ 2 ] The Director of Youth Protection (DYP) asks the Court to declare the security and development of X in danger, pursuant paragraphs e) 1 o and

f) of

section 38 of the Y.P.A. It is recommended to entrust her to a rehabilitation centre, with a possible reintegration in a family environment, and to order different measures of help for the youth and her family until January 31, 2024. Questions in litigation [ 3 ] Are the security and development of the youth compromised? In the affirmative, do the recommended measures answer her needs and are they in her best interest? Context and Analysis [ 4 ] Mr. B is the stepfather of the youth and a significant person for her.

Everyone agrees for him to be declared an interested party, and according to that the Court grants him with this demand. [ 5 ] The youth displays many behavioural problems, notably running away, school absenteeism, alcohol consumption, aggressive behaviours and not respecting her parent’s authority. She was also sexually abused by Mr. C. [ 6 ] Her mother admits slapping her on more than one occasion. [ 7 ] The youth was placed under the care of a foster family, according to a provisional agreement, and returned to her mother around March 17.

A few days after, she physically aggressed her mother, ran away, went back to the foster family, displayed suicidal ideation, and ran away from the foster family. [ 8 ] Obviously, this youth needs a structured environment. Her evolution does not allow her to be returned to a family environment for the time being.

[ 9 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the proof is sufficient to declare that the security or development of the youth is in danger and that the measures suggested meet her needs and deemed to be in her best interest. THEREFORE AND FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the application; [ 11 ] DECLARES that the security or development of X, born on [...], 2008, is in danger pursuant paragraphs e) 1 o and

f) of the Y.P.A.; [ 12 ] DECLARES Mr. B, as an interested party; [ 13 ] ENTRUSTS the youth to an institution operating a rehabilitation centre, with a gradual reintegration under the care of Mrs.

C or another member of the family or the mother’s care as soon as possible; The reintegration may take place at the beginning of the 2023-2024 school year if the youth: - participates in the rehabilitation centre program with good behaviour; - continues her psychological follow-up; - learns to manage her emotions adequately; - does not run away; - participates to the elaboration of a visit contract; - maintains good behaviour during the home visits; [ 14 ] ORDERS that the youth, the mother and the interested party take an active

part in the application of any of the measures designed to put an end to the situation in which the security or development of the youth is in danger; [ 15 ] ORDERS that the youth receive specific health care and health services, namely that she receive the services of a psychologist; [ 16 ] RECOMMENDS that the mother seek help through the Social Services to address her personal issues; [ 17 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection intends that the reintegration, if everything goes well and the youth respects the conditions, will be completed within the duration of one month; [ 18 ] ORDERS that the contact between the youth, the mother and the interested party be maintained regularly, meaning at least every three weeks, to put in place the reintegration; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 20 ] ENTRUSTS the situation of the youth to the Director who shall then see that the measure is carried out; [ 21 ] THE WHOLE until January 31, 2024. __________________________________ Dominique Wilhelmy, J.C.Q.

M e Camille Striganuk For the applicant M e Geneviève Lucas For the youth M e Ève Laoun For the mother Date of hearing: May 30, 2023