2023 QCCQ 2546, 2023 QCCQ 2546

Protection de la jeunesse — 23913 2023 QCCQ 2546 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 635-41-001205-225 DATE: February 6, 2023 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X Adolescent and A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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.). [ 1 ] The Director of Youth Protection (the Director) submits an application for protection concerning the youth X and seeks a declaration that her security and development are endangered. [ 2 ] The youth generally acknowledges the factual basis of the two grounds. She was the victim of invitation to sexual touching and sexual interference by Mr. B.

She also admits that she displays behavioural issues. [ 3 ] Mtre Laoun, on behalf of the mother, acknowledges the situation of endangerment and agrees with the recommendations. THE EVIDENCE [ 4 ] On March 23, 2022, Mr. B committed the offence of invitation to sexual touching and sexual interference against the adolescent. He asked her if she was a virgin and if she wanted to have sex with him. He also tried to touch her buttock with his hands. She stopped him and ran away. The mother accompanied her daughter to make a statement to the police.

At first, she was supportive of the steps related to this event, but she later denied the adolescent’s claim of sexual abuse. [ 5 ] The police had to intervene on June 13, 2022, at the mother’s request. The adolescent had taken a knife and gone to her house. She had the knife in her hands and threatened to kill her mother. According to the mother, the adolescent has slept over at a friend’s house and sniffed gas. [ 6 ] After this event, the adolescent was entrusted to her maternal aunt, Ms.

C, for a period of 30 days under a provisional agreement. [ 7 ] At school, the adolescent displayed violent and aggressive behaviour. She had been suspended for two weeks because she physically assaulted her teacher. She grabbed his shirt and threatened to kill him. She is described as an adolescent with a poor capacity to manage her emotions and low conflict resolution skills. [ 8 ] The Director asks that the adolescent be assessed by Mr. Victor-Manuel Tomas, a psychologist. An appointment was made on November 24, 2022, but she did not show up. Another appointment was scheduled on November 25, 2022.

The adolescent was angry.

She refused to cooperate and said she did not need any help and did not want to go back to school. According to the psychologist, it was obvious that she has problems with anger management and emotional regulation. [ 9 ] On December 6, 2022, the adolescent had a consultation with Dr. Larose, a child psychiatrist, and Ms. [Social Worker 2] from social services. The adolescent did not cooperate and refused follow-up with both the child psychiatrist and the social worker. Dr. Larose expressed concern about the adolescent’s emotional safety and the safety of other community members.

She recommended the structured environment of a rehabilitation centre. [ 10 ] On December 8, 2022, the school administration decided that it was premature to reintegrate the adolescent into school. The reasons for their decision were her violent outbursts, anger issues, and behavioural problems, which create safety concerns for other students and for employees. [ 11 ] On January 3, 2023, a provisional measure was ordered, and the adolescent was entrusted to a rehabilitation centre. [ 12 ] Even at the rehabilitation centre, she continued to have difficulties managing her emotions and behaviour.

She pushed a teacher and refused to do her classwork at school. On January 21, 2023, she stated that she had suicidal thoughts. [ 13 ] The Court concludes that the security and development of the adolescent are endangered under

section 38(

f) of the Youth Protection Act because the adolescent has serious behaviour disturbances that undermine herself and others, and the mother is not able to handle her daughter’s behaviour. [ 14 ] There is also evidence that the security and development of the adolescent are in danger under

section 38(d)1 of the Youth Protection Act because she was subjected to a gesture of sexual nature by another person and did not have her mother’s support at all times. [ 15 ] The attempts to resolve her serious behavioural disturbances by providing services in the community were unsuccessful. The adolescent did not cooperate, and her situation is very worrisome for her safety and the safety of other community members. [ 16 ] She has significant difficulty respecting authority. She needs to learn to follow rules and limits in a structured environment.

She must receive follow-up with a psychologist and a psychiatrist to identify her triggers and be able to regulate her emotions and behaviours. [ 17 ] The Court is of the opinion that it is in the interest of the adolescent to follow the recommendations to entrust her to a rehabilitation centre. FOR ALL THE ABOVE-MENTIONED REASONS, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and development of X, born on […], 2008, are endangered under

section 38 (d)(1) and (

f) of the Youth Protection Act ; [ 20 ] ORDERS that the child be placed in a rehabilitation centre for a period of six (6) months, with a possible return to the mother if the situation allows it; [ 21 ] ORDERS that the mother report periodically to the Director on the measures she applies in her own regard or in her child’s regards to put an end to the situation in which the security or development of the child is in danger; [ 22 ] ORDERS that the child and the child’s mother take an active

part in the application of any of the measures ordered by the Court; [ 23 ] ORDERS that the child and the child’s mother report in person, at regular intervals, to the director to inform him of the current situation; [ 24 ] ORDERS that the child not come into contact Mr.

B; [ 25 ] ORDERS that the mother remain sober and not display any violent behaviour in the presence of her child X; [ 26 ] RECOMMENDS that the mother seek help through social services for her personal issues; [ 27 ] RECOMMENDS that contact between the mother and the child be encouraged; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling, or assistance to the youth and the youth’s family; [ 29 ] ENTRUSTS the situation of the youth to the Director of Youth Protection, who shall then see that the measures are carried out; [ 30 ] THE WHOLE for a period of nine months, until September 30, 2023.

Signed in Town A on March 15, 2023 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre David Boudreau For the adolescent Mtre Camille Striganuk For the applicant Mtre Ève Laoun For the mother Date of hearing: February 6, 2023