2021 QCCQ 15442, 2021 QCCQ 15442

Protection de la jeunesse — 218338 2021 QCCQ 15442 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] «Youth Division»

N° : 505-41-010318-212 DATE : December 6, 2021 ______________________________________________________________________ PRESIDED BY: JUSTICE MÉLANIE ROY ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A , Applicant -and- X , born on [...], 2005 Child -and- A Mother -and- B Father J U D G E M E N T Sections 95(1) and (2) 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 11.2.1 and 135 Y.P.A .) [ 1 ] The child is 16 years old. According to the last Court order rendered on February 22, 2021, she was entrusted to the Group Home A until August 22, 2021 and then went back to live with her mother. [ 2 ] The Director of Youth Protection (the Director) presents an application for revision and extension of a Court decision. [ 3 ] She alleges essentially that the relationship between the child and her mother is difficult and that she cannot remain in her care.

She recommends that she be entrusted to a reception centre, group home B, until June 30, 2022. [ 4 ] The parents are not present. As for the mother, the social worker explains that she agrees with the measures. The father refuses to meet with the social worker. The Court authorizes the Director to proceed in their absence. [ 5 ] The evidence reveals that the child completed the program at Group Home A successfully.

During her stay, she participated in many cultural activities and programs and received support for her drug, alcohol, and mental health issues. [ 6 ] The child returned to her mother’s care in August 2021. Initially, things were going well, as reported by the mother. Unfortunately, after a few weeks, the situation began to deteriorate. [ 7 ] The mother complained that the child was not respecting her authority and that she was aggressive and argumentative.

[ 8 ] The child recognizes that she used drugs while at her mother’s and that their relationship was not positive. She felt that she was in a toxic environment. [ 9 ] On October 18, 2021, the Court entrusts provisionally the child to a rehabilitation centre, group home B in Town A. [ 10 ] The child has found a job and wishes to become independent. She is starting adult education tomorrow.

She would like to go to CEGEP to study social sciences. [ 11 ] She continues to get help from a support counselor and an addiction worker from [...]. [ 12 ] The child goes back to the community, at her grandmother’s, for visits. [ 13 ] The mother has not been open to contacts. Their relationship need to be addressed. [ 14 ] The Court shares the clinical analysis of the Director [1] : Given the Youth Protection history of this file, it has become evident that her current situation is somewhat based on the trauma that she has endured in her past.

While it may not be the exact same situation as in her past and whether it be her reality or not, X continues to feel abandoned. The trauma that she endured as a child, I s always at the forefront of all of her decisions. X believes that because no one else is putting in the work to better their relationship with her, then why she should she, which causes her to subsequently make unhealthy decisions and choices. X also believes that “you are who you surround yourself with” and for X, other’s perceived instability and chaos was triggering for her.

X and her mother were both very excited, anxious and overwhelmed to be reunited, however, there continues to be so much mistrust towards each other that prevents them from building a healthy relationship with one another. [ 15 ] The situation of the child requires that she be entrusted to group home B.

She is doing well in a more neutral and structured environment and will be able to work on her autonomy. [ 16 ] After having received the admissions, taken into consideration the reports produced and the testimonies heard, the Court concludes that the security and development of the child are still in danger and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and the development of the child are still in danger; [ 19 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the Director of Youth Protection; [ 20 ] ORDERS that the contacts between the child and her parents be following agreement between the parties; [ 21 ] ORDERS that the child continues to participate in [...] support counselling and follow recommendations; [ 22 ] RECOMMENDS that the child and her mother participate in mother/daughter therapy and follow recommendations; [ 23 ] PROHIBITS any contact between the child and C; [ 24 ] ORDERS that the child and her parents meet with the caseworker in person at regular scheduled basis; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 26 ] ENTRUTS the situation of the child X to the Director of Youth Protection A for the execution of the measures ordered; [ 27 ] THE WHOLE until June 30, 2022. ________________________________ Mélanie Roy, J.C.Q.

Mtre Caterine Caron Attorney for the DYP Mtre Jean Pierre Gaudreau Attorney for the child Date of the Judgment : December 6, 2021

Judgment signed on : February 2, 2022