2018 QCCQ 19447, 2018 QCCQ 19447

Protection de la jeunesse — 1810758 2018 QCCQ 19447 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000774-171 DATE: October 30, 2018 (written judgment rendered on December 12, 2018) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2004 [SOCIAL WORKER 1] & [SOCIAL WORKER 2], Youth Protection workers, duly authorized by the Director of Youth Protection A, working in [...] Applicants and A, unknown address in Town A, [...] Mother and B, presently detained [...] ______________________________________________________________________ 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 (Director) asks the Court to review a decision rendered on January 30, 2018, regarding the adolescent X, born on [...], 2004. At that date, the Court declared the security and development still in danger and entrusted the adolescent to a foster family namely Ms.

C until she reaches her majority. [ 2 ] The Director submits that it’s not possible to maintain X in the previous foster family and recommends entrusting her to another foster family. [ 3 ] The mother is homeless in Town A. She was served by newspaper. Considering she was duly served, considering the consent of the parties and the interest of X, the Court proceed in her absence. [ 4 ] The father is absent. He is presently detained. Me Tommasel is acting on his behalf.

He recognizes the security and development of his daughter are still in danger and he agrees with the measures. [ 5 ] X who is now 14 years old is present and represented by Me Neptune. She admits most of the alleged facts and agrees with the measures. Historical situation [ 6 ] On April 20, 2017 , X’s situation was submitted to the Court. At that time she was entrusted to her aunt since January 2016, under voluntary measures. The mother was homeless in Town A since 2015. The father was detained from August 2015, to November 2016. He expressed the wish to take care of the child once he would have his own house.

The aunt is not able to continue to take care of X. Justice Gravel declared that her security and development are in danger [1] and entrusted her to a foster family. [ 7 ] On January 30, 2018 , the mother was still in Town A. She denied being homeless but she admits not being involved in the life of her daughter. She visited her sometimes when she comes up to North. The father still displayed alcohol consumption problem, and his collaboration with the Youth Protection services was irregular. He was detained at the time of the hearing.

X was doing well in the foster family of her maternal aunt, but she was recently moved to another aunt. X displays depressive symptoms. She missed her parents. She was referred to the nursing. Justice Lecompte entrusted her to a foster family namely Ms. C until her age of majority and ordered health care and services from an external educator. [ 8 ] On October 5, 2018 , the Court was seized of a motion for revision but the mother had not been served, the hearing was postponed to October 30, 2018, and X was entrusted to a foster family. Facts

[ 9 ] On August 13, 2018, the Director takes the decision to move X to another foster family because conjugal violence was reported at Ms. C’s place. Since few weeks, many interventions were made by the Director to find a solution with this family to avoid a moving of X. [ 10 ] Since this date, X is entrusted to her paternal aunt, Ms. D. According to Ms. D, X is doing well, but recently, X told a Youth Protection worker that she does not feel welcome at D’s place and asked to be entrusted to another aunt, Ms. E.

The Director did not have time to evaluate this family but agrees to do it and estimates that it could be done within two weeks. [ 11 ] In 2017, as mentioned in the decision rendered by Justice Lecompte, X was depressed. A referral was made at the CLSC for a follow-up after she tried to strangle herself with her sweater at school. Since that date, the follow-up is not started yet. X says not to be interested in receiving the services. Ms.

F from the CLSC tries to convince her to participate in an ongoing art healing program. [ 12 ] Except this episode of depression, X is doing very well at school and she enjoys outside activities. She comes by herself to see the Youth Protection worker when she feels she needs to speak meaning around every three weeks. [ 13 ] Since the last order, the mother came more frequently in Town B. She met with the Youth Protection worker and was present with X for the transfer from Ms. C’s place to Ms. D’s place. She has her own apartment in Town A with her boyfriend, and she is a volunteer in a shelter in Town A.

She would like to travel from Town A to Town B every two months. [ 14 ] Few events involving the father were reported to the police force since the last decision for assault and breaches. The father maintains his position about his desire to have his daughter back with him, but he has to take the necessary steps to change his life to be able to offer a safe environment to her. [ 15 ] X understands very well the situation. She is aware of her mother’s and father’s way of life. She also understands the reason why she had to move. She likes living in Town B and she wishes to stay there.

Analysis [ 16 ] The evidence shows that X is doing well despite the depressive event last year. We have to keep in mind that her life is not easy: she is aware of her parent’s instability and herself she had to move from foster family to another one. Her situation could become fragile with the adolescence. It will be important to closely monitor her situation. It won’t be enough to wait she comes at the office when she feels the need to come. [ 17 ] She was entrusted to another foster family in August 13, 2018. The motion for revision was signed on September 20, 2018.

Questioned by the Court about the reasons why a provisional measure was not asked before, despite the facts she was entrusted to a specific foster home, the worker answered that her lawyer told her it was not necessary because the Court was planned to come shortly. [ 18 ] The father maintains his position about his desire to have his daughter back with him. The Director also has this goal in mind but the father has to take the necessary steps to change his life and to demonstrate he is able to offer her a safe environment.

FOR THOSE REASONS, THE COURT: [ 19 ] GRANTS this application; [ 20 ] DECLARES that the security and the development of the adolescent X, born on [...], 2004, are still in danger; [ 21 ] ORDERS that the adolescent be entrusted to a foster family, chosen by the institute operating a child and youth protection centre; [ 22 ] ORDERS that the paternal aunt, Ms. E be evaluated to determine if she could be a foster family and to see if she agrees to receive X; [ 23 ] STRONGLY RECOMMENDS that X be entrusted to Ms. E as foster family if she’s declared at is; [ 24 ] ORDERS that the adolescent and the parents take an active

part in the application of any of the measures ordered by the Court; [ 25 ] ORDERS that the adolescent and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 26 ] ORDERS that the adolescent, her family and the foster family receive the services of an external educator; [ 27 ] ORDERS that the parents remain sober in the presence of the adolescent; [ 28 ] RECOMMENDS that the parents seek help through Social Services concerning their alcohol and personal issues; [ 29 ] ORDERS that the contacts between the adolescent and the parents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 30 ] ENCOURAGES the mother to continue to come to see her daughter frequently; [ 31 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the adolescent, the parents and the foster family; [ 32 ] ENTRUSTS the situation of the youth, X to the Director of Youth Protection A, who shall then see that the measures are carried out;

[ 33 ] THE WHOLE until August 9, 2019. __________________________________ PEGGY WAROLIN , J.C.Q. Me Geneviève Apollon, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Me Marianne Léonard, attorney for the mother Me Angèle Tommasel, attorney for the father Date of hearing: October 30, 2018