2016 QCCQ 6580, 2016 QCCQ 6580

Protection de la jeunesse — 162750 2016 QCCQ 6580 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001842-142 DATE: April 11 th 2016 PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. IN THE MATTER OF: X, born on [...] 2000 Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A, residing and domiciled in Town A, Quebec, district A Mother and B , residing and domiciled in Town A, Quebec, district A Interested Party JUDGMENT ( Sections 95 ( par. 1) and 75 , 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection asks the Court to review the decisions made on August 19 th 2015 concerning the child, X. [ 2 ] The child is now 16 years old.

She was entrusted back to her mother after her stay in a reception centre for several months. [ 3 ] The child lives with her mother and her step-father whom she considers as her father. [ 4 ] The Director now asks the Court to order the placement of the child in a reception centre to stabilize her very fluctuant behaviour. [ 5 ] The child testified in Court. She was crying, having much difficulty to keep her calm, asking to be given a second chance. [ 6 ] Mr. B testified in French. He wants the child to be accepted at the [center A] treatment program.

He says that the main difficulty concerning the behaviour of his daughter is related to her substance abuse. [ 7 ] He criticizes the professionalism of the Director’s delegate. He does not trust the evaluation made by Dr Greenfield from the Children’s Mental Health Emergency team on March 15 th 2016. [ 8 ] The child’s mental state has rapidly evolved into a borderline personality disorder.

She needs the help and structure offered in a reception centre. [ 9 ] Mr B had told the Court through his lawyer that the child would benefit from a stay in a foster family before being accepted at the [center A] treatment program. [ 10 ] During his testimony, he says that the child is responsible for her actions. He thinks that she can control her behaviour by her

own will and that all her acting outs are related to her drug abuse or her search to get intoxicated. [ 11 ] The mother briefly addressed the Court and said that she wants her daughter with her.

She is sad because of the difficulty she had to be in contact with her. [ 12 ] The evidence available strongly demonstrates that the child is suffering and is very disorganised. [ 13 ] She puts herself in danger repeatedly, running away, getting intoxicated, fighting with her mother, having suicidal ideations, doing self-mutilation and having suicidal behaviours. [ 14 ] The child says that she often sees herself being sexually abused as she was in the past. [ 15 ] The child needs professional and medical help right now. [ 16 ] She cannot benefit from a psychiatric follow-up in her community. [ 17 ] She is not actually in a mental state to be accepted to an in-treatment program such as the one offered at [center A].

FOR ALL THESE REASONS COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of the child, X, are still in danger; [ 20 ] REVISES and EXTENDS the decisions rendered on August 19 th 2015; [ 21 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre; [ 22 ] STRONGLY RECOMMENDS that the child be entrusted to a facility where she will receive all services needed; [ 23 ] ORDERS that the child, the mother and the step-father take an active

part in the application of the measures; [ 24 ] ORDERS that the mother and the step-father report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 25 ] ORDERS that the child receive specific healthcare and health services, namely a follow-up with a child psychiatrist; [ 26 ] ORDERS that said services of a child psychiatrist be offered to the child within the shortest delay; [ 27 ] ORDERS that the mother and the step-father remain without any violent behaviour in the presence of the child; [ 28 ] ORDERS that the contacts between the child, the mother and the step-father be favoured and determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 29 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 30 ] ORDERS the police to collaborate to the execution of the enactment; [ 31 ] ALLOWS the Director of Youth Protection to continue making steps for the child to be admitted to “ [center A]” and AUTHORIZES the child to be entrusted to “ [center A]” should he be accepted in the program; [ 32 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 33 ] THE WHOLE until November 30 th 2016. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Marie-Claude De Gagné, Attorney for the child Mtre Angèle Tommasel, Attorney for the mother Mtre Angèle Tommasel, Attorney for Mr B