2018 QCCQ 18231, 2018 QCCQ 18231

Protection de la jeunesse — 189373 2018 QCCQ 18231 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] LOCALITY […] Youth Division No.: 640-41-002031-166 DATE: October 3, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE LUCILLE BEAUCHEMIN, J.C.Q. ______________________________________________________________________ IN THE MATTER OF X, born on […], 2003 Adolescent ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A child and youth protection centre Applicant and A Mother, deceased and B Interested Party ______________________________________________________________________ JUDGMENT ( s. 95 , Youth Protection Act , CQLR, c.

P-34.1) ______________________________________________________________________ JB3406 WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection (the “Director”) submitted an application to the Court for the review of the decision rendered on August 15, 2017, entrusting the adolescent to a rehabilitation centre, with a return to B’s care if the situation allows, and ordering various assistance measures, including follow-up by social services until August 31, 2018. [ 2 ] The Director alleged a long series of facts.

This judgment refers to those facts. [ 3 ] The Director recommends that the Court entrust the adolescent to a foster family until October 31, 2019, with an integration with B if the situation allows, and that it order several assistance measures, including follow-up by social services for the same period. [ 4 ] The adolescent is not present in court. Monday, October 1, 2018, the youth worker went to see her and remind her that she had to be in court today. Everything seemed fine. This morning, he went to the house to bring her to court. She refused to wake up. He came back 15 minutes later.

She still refused to wake up. He went back with a female colleague to help the adolescent wake up. She became aggressive. She mentioned that she did not want to be present in court, that she had lost her identification papers. [ 5 ] Mr. B is not in court either. The youth worker went to his house on four occasions, knocked at the door, on the windows. There were indications that he was probably in the house, but he did not open his door. The youth worker went to his workplace to find out he was there. He was told that Mr.

B was meant to be travelling to Town B yesterday, but he did not check in for the flight. [ 6 ] Both the adolescent and Mr. B were present in court in September when the hearing was postponed until today. Consequently, the undersigned decided to proceed in their absence.

[ 7 ] The evidence reveals the following facts. The adolescent is fifteen years old. She has been in a rehabilitation centre since 2016. Between March 1, 2016, and May 14, 2018, she ran away approximately fifteen times from the rehabilitation centre. While she was on the run, she occasionally drank and regularly used marijuana. On May 15, 2018, she had to be transferred to the locked unit in Montréal, to calm her anger and her aggressiveness. [ 8 ] On a few occasions, the adolescent displayed aggressive behaviours at the rehabilitation centre.

With the support of the youth workers, she was able to improve her behaviour. [ 9 ] Since August 2017, she has had three home visits with C and they went well. During those visits, the adolescent also had a chance to visit B, with her aunt’s permission, and it went well. Both Raina and B admitted to the youth worker that the adolescent’s behaviour has improved since she was entrusted to a rehabilitation centre. [ 10 ] B still displays drinking problems and his cooperation with the youth worker is irregular. He loves the adolescent and is a father- figure to her.

Before the adolescent can be entrusted to him, however, he will have to control his alcohol consumption. He must be able to provide for the adolescent, be sure that there is food in the house and make sure that she is protected under his roof. Last week, the youth worker met him. Mr. B works and needs to maintain his job. Last week, he was arrested, intoxicated, and put in jail. At times, his cooperation with the youth worker is good and decent, but on other days, he may become aggressive, hostile. He wants X to come to live at his home. [ 11 ] C is a very supportive figure for the adolescent.

The adolescent is mature enough to go to Mrs. C’s house when she feels uncomfortable with B’s drinking. [ 12 ] After the hearing of September 6, 2018, the adolescent was entrusted to Mrs. D who is an elder who is very involved in her community. Her granddaughter is a good friend of X. The adolescent has her own room and seems to be comfortable there. She has resumed contact with C’s children. [ 13 ] The adolescent is really torn. She would like to be with Mr. B but she also understands that she cannot. She is conscious of Mr. B’s limits. [ 14 ] The adolescent has no parents. Her mother died many years ago.

She considers Mr. B as her father and he considers her as his daughter. A tutorship must be ordered. The youth worker stated that it was the Director’s intention to have Mr. B designated as the adolescent’s tutor. The Civil Code of Québec states the following, at

section 180 : No one may be compelled to accept a dative tutorship except, failing any other person, the Director of Youth Protection or, for tutorship to property, the Public Curator. [ 15 ] This situation where no adult is legally responsible for the adolescent has lasted too long. Consequently, the undersigned decided to apply the dispositions of art. 180 of the Civil Code of Québec . THEREFORE, THE COURT: [ 16 ] ALLOWS the application; [ 17 ] DECLARES that the security and development of the adolescent X are still in danger.

AS MEASURES DEEMED TO BE IN THE CHILD'S INTEREST, THE COURT: [ 18 ] ORDERS that the adolescent be entrusted until October 31, 2019, to a foster family chosen by the institution operating a child and youth protection centre; [ 19 ] DESIGNATES the Director of Youth Protection the tutor of the adolescent; [ 20 ] ORDERS that the adolescent attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 21 ] ORDERS that all contact between the adolescent and B be supervised by the Director with regard to the terms and degree of supervision; [ 22 ] ORDERS that B remain sober and refrain from all violent behaviour in the presence of the child; [ 23 ] RECOMMENDS that B seek help through social services for his drinking problems; [ 24 ] ORDERS that B report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 25 ] ORDERS that the adolescent and B take an active

part in the application of the measures ordered by the Court and cooperate fully with the Director of Youth Protection; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent, her foster family and B until October 31, 2019; [ 27 ] ENTRUSTS the situation of the adolescent X to the Director of Youth Protection of the A child and youth protection centre, who will see that the measures are carried out.

SIGNED IN TOWN C November 19, 2018 LUCILLE BEAUCHEMIN J.C.Q. Mtre. Sarah Bourgeois-Lessard Counsel for the Director of Youth Protection Mtre. Cassandra Neptune Counsel for the adolescent Mtre. Angèle Tommasel Counsel for the interested party Date of hearing: October 3, 2018