2022 QCCQ 9000, 2022 QCCQ 9000

Protection de la jeunesse — 224845 2022 QCCQ 9000 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001110-219 DATE: January 19, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2005 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 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 January 19, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered the Honourable Jean Gravel on May 5, 2021. [ 3 ] On November 30, 2021, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 4 ] Today, the Director recommends that the adolescent be entrusted back to her parents’ care and that support measures be ordered until July 31, 2022. [ 5 ] The parents and the adolescent are agreeing with the Director’s plan.

Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and analysis [ 7 ] The adolescent has been placed at the [Unit A] in Town A. In order to address her personal issues, she participated in weekly sessions with a psychologist and also received support from a psychiatrist.

She worked on the following issues: anxiety, drug addiction, suicidal behaviours, past traumas, healthy relationships, emotional management, self-esteem, social skills and hypersexualized behaviours. [ 8 ] Despite the support and structure provided by the rehabilitation centre, the adolescent experimented difficulties managing her emotions. She had several major meltdowns. At times, she was physically and verbally aggressive and had suicidal ideations.

On several occasions, she had to be escorted to the isolation room or the reflection room. [ 9 ] The parents have visited the adolescent at the unit on different occasions. The adolescent also visited her parents in her

community of Town B on three different occasions. [ 10 ] In November 2021, the Youth Protection worker was informed that for the last few weeks, the adolescent’s crises had increased in frequency and intensity. [ 11 ] Since then, the adolescent’s situation evolved positively. [ 12 ] The Director applied for a neuropsychological assessment for the adolescent. [ 13 ] The unit manager and the adolescent’s primary educator are of the opinion that the adolescent is ready to return to her family in Town B. [ 14 ] The Director is now recognizing that the adolescent’s return is possible.

There has been no major incident in the unit since November. During the Holidays, the adolescent went home for ten days. The visit was positive and parties respected their contract with the Director. The parents and the adolescent are agreeing to receive support services in the following months. Progress in the situation is recent. The adolescent will have to continue receiving support from the Director and an educator. She will also have to maintain her psychological and psychiatric follow-up if recommended by the professionals. It will also be important for her to take

part in the neuropsychological assessment. [ 15 ] On November 25, 2021, the Director received a signalement to the effect that the adolescent had been sexually abused by and educator from her unit. The signalement is presently being evaluated.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for revision; [ 17 ] DECLARES that the security or the development of the adolescent is still endangered; [ 18 ] REVISES the order rendered on May 5, 2021 by the Honourable Jean Gravel; [ 19 ] ORDERS that the adolescent be entrusted back to the parents; [ 20 ] ORDERS that the parents and the adolescent report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their adolescent’s regard to put an end to the situation of compromission; [ 21 ] ORDERS that the parents and the adolescent take an active

part in the application of the measures ordered; [ 22 ] RECOMMENDS that the parents and the adolescent seek formal help through the Social Services for their personal issues; [ 23 ] ORDERS that the adolescent receive specific health care and health services and that she follow the professionals’ recommendations (follow-up with the psychiatrist, the CLSC, psychological support, etc.); [ 24 ] ORDERS that the Director of Youth Protection to access the information regarding the adolescent’s presence at appointments with professionals and her level of involvement; [ 25 ] ORDERS that the adolescent not come into contact with Mr.

C; [ 26 ] ORDERS that the parents ensure that the adolescent not come into contact with Mr. C; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 28 ] THE WHOLE until July 31, 2022; [ 29 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on January 27, 2022 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Jean-Bernard Terrisse Counsel for the adolescent Mtre Ève Laoun Counsel for the mother Date of hearing: January 19, 2022