2022 QCCQ 7776, 2022 QCCQ 7776

Protection de la jeunesse — 223475 2022 QCCQ 7776 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] “Youth Division” No. 650-41-003745-227 DATE: July 13, 2022 ______________________________________________________________________ PRESIDING: THE HONOURABLE NATHALIE AUBRY, J.C.Q. ______________________________________________________________________ In the situation of: X Adolescent and [SOCIAL WORKER 1], duly authorized by the Director of Youth Protection Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR PROTECTION (Sections 38 and 75 Y.P.A. ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (ss. 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] The Court has before it an application for protection in the situation of X, who is 14 years old. [ 2 ] The involvement of social services in this case is due to the adolescent’s serious behavioural disturbances and a situation related to educational neglect.

[ 3 ] Last May, given her behavioral disturbances, particularly her suicide attempt, the teenager was temporarily placed in a rehabilitation centre. [ 4 ] Under the circumstances, the Director of Youth Protection requests that the teenager be entrusted to a rehabilitation centre for six months.

The Director of Youth Protection also asks the Court to allow the adolescent’s admission into a therapy centre during that time. [ 5 ] Other measures adapted to the situation are also requested by the Director of Youth Protection, including psychosocial follow- up for six months. [ 6 ] Through her counsel, the adolescent consented to the measures requested by the Director of Youth Protection. [ 7 ] However, the adolescent did testify to clarify some points.

Among others, she said that she wanted to stay in the rehabilitation centre of City A instead of going to a rehabilitation centre in City B ([Centre A]) that offers services in English. [ 8 ] The mother and the father shared the same position as the adolescent and also agreed with the measures requested. [ 9 ] Given the evidence and the consent of the parties, the Court will grant the application for protection.

Assessment of the situation [ 10 ] The « Rapport d’évaluation et d’orientation », which was prepared by the social worker, Mrs. [Social Worker 1], and filed in the Court record in lieu of testimony, indicates that the parents have been separated since 2019. The father lives in City C and the mother lives in City D. The mother assumes custody of X. [ 11 ] The report states that the teenager admits having a substance abuse problem. [ 12 ] The adolescent describes herself as being impulsive.

She has mood swings that she can’t control. [ 13 ] Over the past year, the teenager has been having many suicidal thoughts and she made suicide attempts more than once. [ 14 ] She was diagnosed with major depression. [ 15 ] In May 2022, after a suicidal crisis where she took five pills, thinking it was Xanax when in fact it was Fentanyl, she was hospitalized.

She got disorganized and had to be restrained. [ 16 ] Afterwards, she was temporarily entrusted to a rehabilitation centre, where she was evaluated regarding her suicide risk. [ 17 ] Given her suicide attempts, the adolescent had to be under close monitoring.

At that time, her suicide risk rating scale was orange. [ 18 ] Her suicide risk rating scale is currently yellow. [ 19 ] For several weeks, while being in the rehabilitation centre, the teenager did not see her parents. [ 20 ] It is expected that the father will have access rights to his daughter next weekend, before going back to City C. [ 21 ] The social worker notes in her report that the relationship between the adolescent and her mother is strained by conflicts. [ 22 ] The mother is overwhelmed by her daughter’s behaviors. [ 23 ] The mother wants to work to reconnect with her daughter. [ 24 ] The parents are both very worried about X.

They want their daughter to get the help she needs. [ 25 ] It seems that at first the mother was not cooperating with the social services. She did not give the social worker her last known address. Therefore, the application for protection could not be notified to the mother. [ 26 ] The mother is now willing to collaborate to the intervention of social services. [ 27 ] The father also needs to participate in the psychosocial follow-up. [ 28 ] At the hearing, the adolescent told the Court that she wanted to stay at the rehabilitation centre of City A.

She doesn’t want to be transferred to [Centre A], which is located in City B. [ 29 ] She stated that she understood French and that she could express herself well enough in French, even if her native language is English. [ 30 ] During the six-month period, she would like to have some freedom to visit her parents and her siblings. [ 31 ] Also, she said that she wanted to go to [Center B], a therapy centre in [region A]. [ 32 ] The social worker testified that she has to make the administrative request for the transfer to [Centre A] in City B regarding the schooling, given the fact the teenager’s first language is English.

[ 33 ] However, the social worker thinks it is not in the teenager’s interest to be transferred from City A to City B. The social worker will try her best and seek the help of the English school board regarding the adolescent’s education. [ 34 ] Also, the social worker told the Court that X could perhaps go to the therapy centre at the end of summer or beginning of fall.

Currently, there is no spot available for the teenager at [Center B]. [ 35 ] The Court has explained to the parents and the adolescent that even a judge could not order a specific rehabilitation centre but that a recommendation could be done. [ 36 ] Under the specific circumstances of this case, the Court believes that it is in the teenager’s best interest to stay in City A, near her family.

Consequently, the Court will recommend that X stays in the rehabilitation centre of City A. [ 37 ] The Court concludes that the security or development of the adolescent is in danger within the meaning of the Youth Protection Act due to the adolescent’s serious behavioural disturbances and due to educational neglect. [ 38 ] The Court considers that this application is in the adolescent’s interest and is well founded in fact and in law. [ 39 ] Therefore, the Court grants the application for protection.

FOR THESE REASONS, THE COURT: [ 40 ] GRANTS the present application for protection; [ 41 ] DECLARES that the security or the development of the adolescent is in danger; [ 42 ] ENTRUSTS the adolescent to a rehabilitation centre for six months and RECOMMENDS that the rehabilitation centre be located in the city A; [ 43 ] ALLOWS the adolescent’s integration into a therapy centre during this measure; [ 44 ] ORDERS that a person working for an institution or body provides aid, counselling and assistance to the adolescent and her family for a period of six months; [ 45 ] ORDERS that the adolescent and her parents take an active

part in the measures designed to put an end to the situation in which the security or development of the adolescent is in danger; [ 46 ] ORDERS that the adolescent receives all care and health services that she needs, especially an addiction assessment and a follow-up if deemed necessary; [ 47 ] ALLOWS verbal and written information exchange between the different professionals and social workers involved in the situation of the adolescent and her parents to know the evolution of the situation; [ 48 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection for the execution of the present order. __________________________________ NATHALIE AUBRY, J.C.Q.

Mtre Marie-Hélène Besnier Counsel for the applicant Mtre Jonathan-Raphaël Genest-Jourdain Counsel for the adolescent Mtre Kim Chiasson Counsel for the mother Father present at the hearing, not represented by counsel Hearing date: July 13, 2022