2021 QCCQ 14819, 2021 QCCQ 14819

Protection de la jeunesse — 218358 2021 QCCQ 14819 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] «Youth Division» N° : 505-41-010629-212 DATE : October 18, 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 […], 2006 Child -and- A Mother -and- B Father J U D G E M E N T

Section 38 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 15 years old. She is entrusted to her mother since July 2020. Before that, she was living with her father. [ 2 ] Voluntary measures are in place with the Director of Youth Protection (the Director) since June 8, 2020.

The parties agree that the security and development of the child are in danger due to a situation of neglect from the parents and serious behavioral disturbances of the child. [ 3 ] While she was living with her dad, the child suffered from neglect. However, father does not believe that his environment impacted his daughter. [ 4 ] The mother describes herself as being an anxious person that went through a lot with the father. She feels guilty for not being able to take care and protect her daughter in the past.

Their relationship needs work and they need better communication. [ 5 ] On May 25, 2021, the child was diagnosed with a mental health disorder and social anxiety. She has chronic suicidal thoughts. [ 6 ] The Director presents an application for protection. [ 7 ] She alleges that the child still demonstrates serious behavioral disturbances and that she needs to be placed in a more structured environment. She recommends essentially that she be entrusted to a rehabilitation centre with a social follow-up until June 30, 2022.

[ 8 ] The mother and the child agree with the application. [ 9 ] The father, who now lives in Dominican Republic, is present via videoconference. He agrees with the recommendations. [ 10 ] The evidence reveals that the last voluntary measures were signed on June 18, 2021. At that time, the parties agreed that the child be entrusted to a rehabilitation centre for 3 months and that she be back with her mother after that period. [ 11 ] On August 23, 2021 the Court entrusts provisionally the child to her mother. [ 12 ] After a few weeks, the child attempt to her life by taking medication.

She is brought to the hospital on September 14, 2021. [ 13 ] Two days later, she is entrusted provisionally to a rehabilitation centre by this Court. [ 14 ] The child explains that her suicidal thoughts came to the surface because of her father. [ 15 ] She considers that he was emotionally abusive by him and does not want any contact with him. [ 16 ] Since September 2020, the father resides in Country A. He has no contact with his daughter since January 1, 2021. [ 17 ] The father believes that the mother cannot take care of his daughter and has concerns about the mother’s mental health.

Despite his concerns, he has left the country indefinitely. [ 18 ] The child started a new psychological follow-up recently; she is happy with the therapist. [ 19 ] She now accepts the safety plan put in place at the rehabilitation centre. She has regular contacts with her mother. [ 20 ] Eventually, she would like to be in a group home. The mother agrees to this plan since this could allow them to work on their relationship. [ 21 ] The situation of the child commands that she remains in a more structured and safer environment.

Before she can be orientated to a group home, she needs to be more secure psychologically. [ 22 ] After having received the admissions, taken the reports produced and the testimonies heard into consideration, the Court concludes that the security and development of the child are in danger for serious behavioural disturbances according to

section 38

f) and 38 b) 1)

i) and 38 b) 1 ii) of the Youth Protection Act and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the application; [ 24 ] DECLARES that the security and the development of the child X are in danger; [ 25 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by Director of Youth Protection A; [ 26 ] ORDERS that the contacts between the child and her mother be following agreement between the parties; [ 27 ] ORDERS that the contacts between the child and her father be following agreement between the parties, and taking into consideration the child wishes; [ 28 ] TAKES JUDICIAL NOTICE that the child doesn’t want contact with her father; [ 29 ] ORDERS that the 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 at the situation in which the security of development of the child is in danger; [ 30 ] ORDERS that the child and her parents take an active

part in the application of the measures ordered; [ 31 ] RECOMMENDS that the child pursue her psychological follow-up as long as deemed necessary by the treating professional; [ 32 ] RECOMMENDS that the child and the mother pursue their family counselling as long as deemed necessary by the treating professional; [ 33 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 34 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of the Montérégie for the execution of the measures ordered; [ 35 ] THE WHOLE until June 30, 2022. ________________________________ Mélanie Roy, J.C.Q.

Mtre Adrienne Fournier-Sirois Attorney for the DYP Mtre Hélène Robitaille Attorney for the child Date of the Judgment : October 18, 2021 Judgment signed on : December 15, 2021