2016 QCCQ 6588, 2016 QCCQ 6588

Protection de la jeunesse — 162758 2016 QCCQ 6588 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001958-153 DATE: May 5 th 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2001 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 Father ______________________________________________________________________ JUDGMENT (

Section 38 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 submits that the security and development of the child, X, are in danger. [ 2 ] The child and the parents were present in Court on May 5 th 2016 in Town B. [ 3 ] They made some admissions on the alleged facts and agreed that the measures proposed by the Director be ordered. [ 4 ] The child is fifteen years old. [ 5 ] She was seriously acting out during the fall of 2015 and beginning of last winter.

On November 25 th 2015, she declared that she had been sexually abused by an adult. [ 6 ] At the end of November 2015, she needed to be contained in an isolation unit. She was having serious suicidal ideations. She would harm herself.

Her parents could not offer the structured environment she needed nor the supervision. [ 7 ] The mother was reacting very emotionally, denying having any trouble and refusing services offered to help her child. [ 8 ] On December 5 th 2015, the child needed to be evacuated by Medevac from Town A to be hospitalized in Puvirnituq. [ 9 ] The child has been in a group home since mi-December.

She answers positively to structure and interventions of the educators. [ 10 ] The mother has since offered a better opening to social intervention. [ 11 ] She will need to focus on her daughter’s needs and to have better control of her own emotions. [ 12 ] The father should be more implicated to offer support to his wife regarding their parental responsibilities.

[ 13 ] The child will gradually be offered visits to her family and depending on her behaviour and her family adjustments to her needs, be allowed to stay home. FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of the child, X, are in danger in virtue of sections 38

f) and 38 b) 1) iii) of the Youth Protection Act ; [ 16 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre with a possible reintegration with the parents at any moment if the situation allows it; [ 17 ] ORDERS that the child and the parents take an active

part in the application of the measures; [ 18 ] ORDERS that the child and the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 19 ] ORDERS that the child attend school; [ 20 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 21 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 22 ] ORDERS the police to collaborate to the execution of the enactment; [ 23 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 24 ] THE WHOLE until May 31 st 2017. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Yan Massé, Attorney for the child Mtre Angèle Tommasel, Attorney for the parents