2019 QCCQ 15730, 2019 QCCQ 15730

Protection de la jeunesse — 194990 2019 QCCQ 15730 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [ … ] TOWN OF [ … ] Youth Division No: 635-41-000767-175 DATE: January 16, 2019 (written judgment rendered on June 17, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [ … ] , 2003 [ SOCIAL WORKER 1 ] , Youth Protection worker, duly authorized by the Director of Youth Protection A, working in Town A, district A; Applicant and A, residing and domiciled [ … ] , district A; Mother and B, deceased Father ______________________________________________________________________ JUDGMENT (Section 95 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to revise a decision rendered on April 17, 2018, regarding the adolescent X, born on [ … ] , 2003. At that date the Court declared the security and development still in danger and entrusted the adolescent to a rehabilitation centre with reintegration with the mother and Mr.

C if the situation allows it, until January 31, 2019. [ 2 ] The DYP submits that the situation does not allow to return the youth to her mother and that the placement in a rehabilitation centre be prolonged with the reintegration with the mother and Mr. C if the situation allows it, until October 31, 2019. Position of the parties [ 3 ] The mother is pregnant and wait all day on January 15, for the file to proceed as scheduled, but the hearing had to be postponed on January 16, because of the lack of time. As she was too tired, she gave mandate to Me Lazarov to act in her absence.

She admits most of the allegations, and she agrees with the measures. [ 4 ] The youth who is 15 years old is in a rehabilitation centre in [region A] and did not travel for the court hearing. She is represented by Me Tommasel. She admits most of the allegations, and she agrees with the measures. Historical situation [ 5 ] On April 20, 2017 , the situation of the adolescent was submitted to the Court. The evidence showed that the mother used unreasonable educational methods with the adolescent and her younger brother. At the hearing the mother was very emotional.

She had recently reduced her alcohol consumption, and because of that the conjugal violence in the household also diminished. The mother’s boyfriend also admits his regular alcohol and drug consumption and his violent gestures toward the mother. The adolescent already bit him to protect her mother. The Court declared that the security and development of the adolescent are in danger [1] and entrusted her to her mother until April 20, 2018. [ 6 ] On April 17, 2018 , the situation of X was revised. The relation between the mother and her spouse remained conflictual.

The mother reduced her alcohol consumption and offered a good collaboration with the DYP. Her spouse required help from the community to cope with his addiction. The relation between the mother and the adolescent was very tense. X often went to her grandmother’s place until she passed away during summer 2017. X displayed behavioural issues as a regular alcohol and drug consumption, suicidal ideation and self-mutilation. At the time of the hearing she was hospitalized at the Montreal Children Hospital and was seen by two psychiatrists (Town B and Town A).

The Court entrusted X to a rehabilitation centre with a reintegration with her mother if possible. The Court also ordered health care services.

Facts [ 7 ] After the last decision, X stayed at the Montreal Children Hospital for a few days and after was entrusted to Unit A in Town C to prevent the suicidal risk. [ 8 ] At the end of May 2018, she met with the psychiatrist who concluded that the risk was lower and she could entrust a less intensive unit. For this reason, in June, she was transferred to the Group Home in Town A and a few days later the DYP worker met with her and the mother to draft the intervention plan.

The objectives were: - To find strategies to deal with her emotions; - To reduce her alcohol and drug intake; - For the mother and her spouse, to see help for conjugal issues; - To meet once every two weeks with a psychologist and a school social worker for emotion management. [ 9 ] The situation went well until the end of July, when she came back late and intoxicated three times. The Group Home staff cancelled the home visits. Also, she appeared depressed. The DYP worker called Dr. Larose, the child psychiatrist, but she was not available to meet with her.

A few days after she was, another time, intoxicated and suicidal. In those circumstances, she was transferred to Unit B. [ 10 ] In Town B she opened up about her feelings and emotions. She admits thinking often to death and not being able to say no to alcohol and drugs. She was consuming drugs every day. A therapy was offered and she accepted it. [ 11 ] On October 9, 2018, she entrusted the Center A in [region A]. She participated well, but the therapy was prolonged to make sure she could work deeper on her issues. [ 12 ] X is still in the therapy centre and she appreciates it. She agreed to stay longer.

She would like to finalize it, to come in Town A, find a job and finish her schooling. After that, she plans to go to college to obtain a diploma and have a better life. Sometimes, she also expresses being scared to come back in Town A. She is stressed to be badly influenced by peers, and she is also stressed about her relation with her mother. [ 13 ] During the Christmas holidays, X went in Town A for a home visit and she preferred to stay at the Group Home than at her mother’s place. She consumed once and fight once with her mother.

After this home visit, she became more ambivalent regarding her place to stay after her therapy. [ 14 ] The mother and her spouse still consume once or twice a week. The mother met with the addiction counsellor, but she is now pregnant and sober, so she stopped, but she recently relapses. [ 15 ] Some violent events occurred again between the mother and her spouse since the last order.

After the last event, when the mother threatened to kill her youngest child, she accepted to start again the anger management she started before. [ 16 ] On two occasions in November 2018, the mother and her spouse went to Town B in a way to go to [region A] to visit X. They consume at the hotel for two days in a row and left their youngest child alone at the hotel. Analysis [ 17 ] X lived very difficult things in her life, and actually she can’t be supported by her mother to cope with her traumas.

She develops an addiction to alcohol and drugs and, at what point, displayed suicidal ideation which brings her to be hospitalized. [ 18 ] By luck, she was admitted in a therapy adapted to native adolescents and she is doing well. She decided to stay longer, not only because she considers she needs it, but also because she is scared about the return to a normal life in her community. [ 19 ] By her choices, X appeared to be very mature. She knows that it won’t be easy. She was not present at the court hearing to receive the encouragement from the Tribunal.

With her history and her realization, X is a model for the youth in the [ … ] villages coping with traumas, consumption and suicidal ideation. She is the example that if we take our future in hand, we can realize big things. [ 20 ] For sure, she had a lot of chance to be able to entrust this therapy centre. With the tools she learns, she will be stronger against the temptation. When she came for a home visit, she was greatly surprised to see all the support testified by the community members. She is described in the village as very courageous, hard worker and very reliable.

The Court is convinced that she could be a very positive leader when she will be back. [ 21 ] The mother will have an important role to play when her daughter will be back at her place or in a foster family.

Her daughter is very courageous, but as any other child, she deserves to evolve in a loving and caring environment exempt from violence and consumption. [ 22 ] The consumption of the mother seems to be contextual and mostly occur in Town B, but she has to continue to improve her situation anywhere she is, for her well-being and the best interest of her children. [ 23 ] For all those reasons, the situation of X remains in danger and the recommended measures are in her best interest and appropriate to put an end to the situation. FOR THOSE REASONS, THE COURT:

[ 24 ] GRANTS the motion; [ 25 ] ORDERS that the youth, X be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre; [ 26 ] ORDERS that the youth X continue her treatment program at the Center A as long as judged necessary by the professional; [ 27 ] ORDERS that the youth X receive specific health care and services required by her situation, including a post-therapy follow- up; [ 28 ] AUTHORIZES the reintegration of the youth with the mother, a family member or a foster family when the situation allows it; [ 29 ] ORDERS that the contacts between the youth, the mother and Mr.

C be determined by the Director of Youth Protection as to the terms and degree of supervision; [ 30 ] ORDERS that the mother and Mr. C report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the youth’s regard to put an end to the compromising situation; [ 31 ] As the mother and Mr. C agree to it, ORDERS that the mother and Mr. C take an active

part in the application of the measures ordered, especially that they address the issues concerning domestic violence, anger management and alcohol consumption; [ 32 ] As the mother and Mr. C agree to it, ORDERS that the mother and Mr.

C remain sober in the presence of the youth and refrain from any kind of violence; [ 33 ] ORDERS that a person working for an institution or body, provide aid, counsel and assistance to the youth and the family; [ 34 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 35 ] ORDERS the police to collaborate to the execution of the enactment; [ 36 ] THE WHOLE until October 31, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Angèle Tommasel, attorney for the youth Me Ivan Lazarov, attorney for the mother Date of hearing: January 16, 2019