2020 QCCQ 8626, 2020 QCCQ 8626

Protection de la jeunesse — 202062 2020 QCCQ 8626 JR1585 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] «Youth Division» N° : 505-41-009779-192 DATE : January 16 th , 2020 ______________________________________________________________________ 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 [...], 2002 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 17 years old. Her parents are separated and she lives with her mother and siblings in [Community A]. [ 2 ] The father lives in [Community B], a remote area in [Province A], which lacks everyday resources that can easily be found in the rest of Canada.

The child also resided in this community for many years and was raised in an environment where there is a high rate of suicide, sexual and physical abuse and substance abuse problems. Consequently, the child carries a lot of these traumas. [ 3 ] The Director of Youth Protection (the Director) presents an Application for protection concerning the child. [ 4 ] Essentially, she alleges that the child’s serious behavioural disturbances endanger her security and development.

She recommends that the child be entrusted to a rehabilitation center with a social follow-up for a period of six months. [ 5 ] The parents are absent but in agreement with the Application and with the recommendations. The child is present and also in

agreement. [ 6 ] The evidence reveals that since 2013, the child’s situation was brought to the Director’s attention several times. In 2017, the child went back to live with her father in [Community B] and the file was transferred to Child and Family Services A.

She finally returned to [Community A] in 2019. [ 7 ] The child has a history of alcohol and drug addictions and suicidal ideations. [ 8 ] On November 25 th , 2019, she is transported to the hospital by ambulance after the police intervene as she is highly intoxicated and violent towards her siblings. [ 9 ] The next day, she is assessed by a psychiatrist and later discharged with a plan for her to enter the [Community C] Group Home, where she’s entrusted by the Court on a provisional basis. [ 10 ] In her new environment, the child receives a lot of services and participates actively to the different follow-ups.

She has made significant changes to her lifestyle and is willing to receive help. [ 11 ] The mother collaborates with the Director. However, since she is the only caregiver of her other three children, she has difficulties attending visits in [Community C]. She continues to encourage her daughter’s efforts. [ 12 ] The father also collaborates at distance and maintains contacts with his daughter over the phone. [ 13 ] The Tribunal shares the analysis of the social worker as cited hereinafter: (…) X has really matured since this worker’s last intervention with her.

Since she has been at the [Community C] Group home there has been such a positive change in her behavior and mindset. Given that this is her goal to graduate from the [Community C] Group homes program, this worker is in total agreement. She had sustained and carried a lot of trauma throughout her young life and to free herself from theses burdens and negative behaviors will not only help her in the future but continue to guide her down the right path. X has never been so motivated and determined to help herself and it really shows with the goals and services that she is currently engaging in.

Given that X will be 18 soon and will start having to make her own decisions for her future, this is a great first step for her. This worker was reassured by the [Community C] group home staff that X will be able to complete and graduate from this program within the next six months. This is a very important time in her life and this worker is hopeful that X will continue to use the tools that she learns into her adult life. Given that X has faced a battle with her addictions, it is crucial that she actively participates and completes the 12 weeks outpatient program.

This healing journey will be hard but X is strong-willed. She has the support from her parents and her siblings to continue to work on herself. X’s past coincides that trauma is real but she is living proof that resiliency is too. [ 14 ] The Director’s recommendations are in the child’s best interest. Although she has suffered a lot in the past, she has the ability and the resources to make a good life for herself.

The Director must continue to provide her with all the help she requires. [ 15 ] 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) of the Youth Protection Act and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the present application ; [ 17 ] DECLARES that the security and the development of the child are in danger; [ 18 ] ORDERS that the child be entrusted to an institution operating a rehabilitation center; [ 19 ] TAKES ACT that the child will follow a 12 weeks outpatient program through the [Community C] Holistic Health Center ; [ 20 ] RECOMMENDS that the child follow all recommendations from this program; [ 21 ] ORDERS that the contacts between the child and the parents be following agreement between the parties; [ 22 ] ORDERS that the child and the parents report periodically to the Director of Youth Protection on the measures they apply to put an end to the situation of compromission; [ 23 ] ORDERS that the child and the parents take an active

part in the application of the measures ordered; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 25 ] ENTRUSTS the situtation of the child X to the Director of Youth Protection A for the execution of the measures ordered; [ 26 ] THE WHOLE for a period of six months;

________________________________ Mélanie Roy, J.C.Q. Mtre Mylène Francoeur-Galarneau Attorney for the DYP Mtre Marie-Josée Gingras Attorney for the child Date of the Judgment : January 16 th , 2020 Judgment signed on : February 4 th , 2020