2022 QCCQ 14430, 2022 QCCQ 14430

Protection de la jeunesse — 229192 2022 QCCQ 14430 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002792-221 DATE: August 9, 2022 (written judgment rendered on March 17, 2023) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2008 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B, deceased Father ______________________________________________________________________ JUDGMENT (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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to declare that the security and development of the adolescent X, born on [...], 2008, are endangered under paragraphs (e) 2 o and (

f) of

section 38 [1] of the Youth Protection Act . [ 2 ] The DYP asks that the youth be entrusted to a rehabilitation centre and gradually reintegrated under the mother’s care for a period of nine months. Position of the Parties [ 3 ] The mother is not represented. She is in Town A escorting her older daughter who is receiving important medical care. The mother’s desire was to attend the court, but it was impossible. To protect Laly, she decided not to tell her the reason why she was in Town A. The Court respected the mother’s desire and took measures during the hearing to respect it. [ 4 ] The youth is 13 years old.

She is present and represented by M e Cassandra Neptune. She recognizes that her security and development are endangered under

section 38

f) but not under

section 38 e) 2 o Y.P.A. She disagrees with the measures and would like to go back immediately with her mother. Facts [ 5 ] The DYP received few reports regarding the youth: - August 16, 2021: report for physical abuse from the mother.

It was reported that the mother would assault her children daily. - September 13, 2021: report for physical abuse from the mother, death threats against the youth by the mother and sexual abuse by another person. - October 6, 2021: report for risky relationship with two boys. - October 29, 2021: sexual abuse from her brother. [ 6 ] That was the second time that the DYP was involved in the child’s situation. In 2013, the DYP received a report for sexual abuse. The family received services from the application of measures until May 2019.

The file was closed at that time because the mother participated to a follow-up with the social services and a strong safety net had been put in place. [ 7 ] X is living for a few years now with her older sister. This latter also takes care of her other siblings considering the mother’s criminal conditions not to be in the physical presence of her children, due to her conviction of assault on them. X and her siblings are

living in Town B. [ 8 ] The mother is living in Town C. Her collaboration with the DYP fluctuates from time to time.

Despite the prohibition of contacts, she assumes her parental responsibilities by providing for her children. [ 9 ] Since a few months, X displays behavioural issues that she admits: she does not respect the rules at home; she leaves the house in the middle of the night; she consumes marijuana; she displays suicidal ideation; she attempted to commit suicide on two occasions. [ 10 ] On June 1 st , X would have hit the two-year-old child of her sister (her foster mother), and this latter hit her in return. X denied that she would have hit the child and went into a suicidal crisis.

Two days later, another suicidal crisis justified her hospitalization in Town D. At that moment, she agreed to stay at the hospital and added that she refused to go back in Town B. [ 11 ] During her hospitalization, X displayed a very dangerous behaviour. She escaped the hospital with an adult stranger man and came back the day after with marks around her neck. She was also physically aggressive with the staff at the hospital. [ 12 ] Considering the escalation of worrisome behaviour, the DYP took immediate protective measures and entrusted her to a rehabilitation centre.

During this intervention, X punched the DYP worker in the stomach and a police intervention was required. [ 13 ] The Court questioned the DYP worker about the long delay between the reception of the report (August 2021) and the immediate protective measures (June 2022). The DYP worker explains that the objective at that moment was to look for a safe place for the youth to avoid a placement and to be able to create a link with her. During that period, the DYP had been able to find a safe place for the youth at each crisis.

In June 2022, the family members told the DYP that they have reached their limits with the youth who did not respect their authority. [ 14 ] The DYP worker underlines that the mother had always respected her criminal conditions. Since recently, she was more open to the DYP intervention. The accident of her older daughter brought a lot of emotions. She is less emotionally available what is understandable. [ 15 ] X is doing well at the rehabilitation centre. She works hard on her issues, and she is more and more able to open with the educators.

With such improvement, the DYP is confident that she will be able to leave the rehabilitation centre soon. [ 16 ] The difficulty in this situation is to decide where the youth will live after the rehabilitation centre. She wants to go with her mother. The DYP considers that it would be a good option if the mother receives a regular follow-up regarding her emotion’s regulation. Indeed, the mother can be very protective but as soon as she lives a stress, she could become impulsive. [ 17 ] But the mother is now very occupied with her sick older daughter. She takes care of her and of her grandchild.

If her daughter can leave the hospital and go back home, she will require a lot of assistance. Actually, the situation is too nebulous to be able to plan for the future. [ 18 ] If X can go back living with her mother, she will continue to benefit from a child psychiatrist follow-up as she receives now. Analysis [ 19 ] The adolescent admits having behavioural issues and it is also what the evidence reveals. [ 20 ] The evidence also demonstrates that the adolescent is a risk to be victim of physical abuse. [ 21 ] The Court raised concerns about the delay of intervention in this situation.

But the DYP worker explained the reason of such delay and it was indeed in the best interest of the youth to look for other solutions to ovoid a placement in a rehabilitation center. [ 22 ] Unfortunately, today we are to the point where the rehabilitation cannot be avoided. She is there since last June and she respond very well to the services provided to her. [ 23 ] The services that she receives led her to address her past traumas and the Court is conscious about the difficulty that is it for her.

Despite this difficulty, the Court invites her to continue to get involved in the service to help her to close this sad

chapter of her life. FOR THOSE REASONS, THE COURT: [ 24 ] PROHIBIT that this decision be given to the youth; [ 25 ] GRANTS the application; [ 26 ] DECLARES that the security and development of the adolescent X, born on [...], 2008, are endangered under paragraphs (e) 2 o and (

f) of

section 38 of the Youth Protection Act ; [ 27 ] ORDERS that the youth be entrusted to a rehabilitation centre; [ 28 ] ORDERS that the youth receive specific health care and health services, namely psychological follow-up with a therapist and a child-psychiatrist follow-up, and that all recommendations be followed without any delay; [ 29 ] ORDERS that the youth be gradually reintegrated under the care of her mother, if the situation allows it; [ 30 ] ORDERS that the mother and the youth report periodically to the Director of Youth Protection on the measures they apply in their own regard to put an end to the situation in which the security and development of the youth are endangered;

[ 31 ] ORDERS that the youth and the mother take an active

part in the application of the measures ordered by the Court; [ 32 ] ORDERS that the mother abstain herself of any kind of violence and consumption in the presence of the youth; [ 33 ] RECOMMENDS that the mother seek help through the Social Services or any other program to address her personal issues (anger management and consumption issues); [ 34 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the youth and the mother be determined by the Director of Youth Protection; [ 35 ] ORDERS that a person working for an institution or a body provide aid, counselling and assistance to the youth and the family; [ 36 ] ENTRUSTS the situation of the youth X to the Director of Youth Protection A who shall then see that the measures are carried out; [ 37 ] THE WHOLE until May 31, 2023. __________________________________ PEGGY WAROLIN , J.C.Q.

M e Adèle Cyr Attorney for the Director of Youth Protection M e Cassandra Neptune Attorney for the youth Mrs. A Mother, absent and not represented Date of hearing: August 9, 2022