2013 QCCQ 18709, 2013 QCCQ 18709

Protection de la jeunesse — 137280 2013 QCCQ 18709 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth chamber No: 635-41-000547-130 DATE: Hearing and oral judgment: November 15, 2013 Written judgment: December 16, 2013 ______________________________________________________________________ BY THE HONOURABLE JUANITA WESTMORELAND-TRAORÉ, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 1996 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A working in City A Applicant -and- B , residing and domiciled in City A, Quebec, district A Mother ______________________________________________________________________ JUDGMENT (

Section 38 and 91 , Youth Protection Act , R.S.Q. c. P-34.1) ______________________________________________________________________ Introduction [ 1 ] The Court hereby gives reasons for the oral judgment rendered on November 15, 2013 on the Motion for Protection filed by the Director of Youth Protection pursuant to

Section 38 of the Youth Protection Act , herein after referred to as the Act. [ 2 ] The Director of Youth Protection is seeking placement of X in a Rehabilitation Centre until she reaches her age of majority on […], 2014, and an order requiring X, her mother and her step-father to actively participate in the follow up ordered by the Court, and to report to the Director periodically. The Director also seeks an order directing aid, counselling and assistance to X mother, her step-father and the other children in the family. [ 3 ] X and her mother were present at the hearing.

X was represented by a lawyer, but the lawyer for her mother was not present. Her mother preferred to proceed rather than await her lawyer or be represented by another lawyer. The Court authorized the hearing to proceed. [ 4 ] Both X and her mother object to the recommendations sought by the Director. X mother is afraid of losing all her children. The Facts [ 5 ] X is an adolescent who is seventeen years old. [ 6 ] Before her present placement in a Rehabilitation Centre, she was living with her mother and three other young children: Y who is four years old as well as the twin girls Z and A who are one year old.

X is the biological mother of the twins. [ 7 ] X lived with her mother and her step father in City A; however there is a history of conflict with her mother and dysfunctional behaviour. The conflict was sometimes violent when the mother was intoxicated with alcohol. [ 8 ] The mother states that she has been abstinent since one year, but more recently she was observed to be intoxicated on several occasions. [ 9 ] X was sometimes the caregiver in the home for the three younger children, in particular when her mother was intoxicated.

While the parenting is generally satisfactory, the younger children have on occasion been exposed to physical and verbal abuse while their caregivers were intoxicated by alcohol.

[ 10 ] On September 19, 2013 X described being assaulted sexually by her step father. He was removed from the home for breach of probation conditions. X has said she wishes to withdraw the charges. The case is under investigation; however the mother does not believe her daughter and this is understandably very painful for X. [ 11 ] X herself has a serious addiction problem.

As described in the Evaluation and Orientation Report filed as Exhibit D-2, prepared by [Social Worker 2], amended by [Social Worker 1], and dated October 21, 2013, X has on several occasions been found outside by the police officers after having passed out because of the consumption of alcohol. [ 12 ] On August 2, 2013, she was found on the street by police officers, intoxicated and unconscious, and transported to hospital where the professionals were concerned that she might have attempted suicide. She was sent to Hospital A where she was hospitalized for three nights.

There she was seen by a pedo-psychiatrist who did not find any symptoms of mental illness; moreover, X denied any suicidal ideation. Nevertheless, she did test positive for alcohol and cannabis. [ 13 ] Following these events, and under the terms of a provisional agreement, X was entrusted to a reception centre for ten days. [ 14 ] Both on September 6 and September 16, however, X was hospitalized due to heavy intoxication. [ 15 ] Since these occurrences, her mother has been more collaborative with Youth Protection services.

She is worried about her daughter and recognizes to some extent that her family needs help. [ 16 ] X and her mother are now more open to collaborating with Youth Protection. Her mother has missed several meetings but did attend the meeting prior to this Court hearing. [ 17 ] Since September 24, X has been integrated in a Rehabilitation Centre. She ran away on October 5, but was found the next day by police officers and returned to the Centre. During her absence, she reported that she had been with three adult men and that one of them had touched her.

As well, the friend with whom she left the centre had consumed crack. [ 18 ] Nonetheless, since October, X has been doing better. [ 19 ] Her mother has stopped drinking; in Court she testified that she has been sober for three months. [ 20 ] There is a strong bond between X and her mother and the three younger siblings. The younger children are developing well and Youth Protection does not see the need to intervene in their situation. Analysis [ 21 ] X conduct, and in particular her consumption of alcohol is clearly self-destructive and dangerous.

On two occasions, when she was found outside unconscious, she suffered very strong convulsions. She did not remember anything when she awoke. [ 22 ] She has repeatedly run away from services, even though she returns. On her return to City A for the hearing in this case, X escaped by the window from the centre A the night before the hearing; she did however return on her own in the morning.

She explained that she had gone to meet friends; when she returned home, she was intoxicated. [ 23 ] The admissions of X, the Evaluation and Orientation Report, as well as the testimony of X, her mother and the Youth Protection worker, [Social Worker 1], have proved that X has serious behavioural problems which undermine her physical and psychological integrity as described in

Section 38

f) of the Act . At times, she has put her life at risk. Because of the extreme seriousness of these behavioural disturbances and the lack of control by her mother, X requires important professional assistance.

She must become more aware of the dangers inherent in her behaviour and acquire skills to avoid these situations of risk, even during the short period remaining before she attains her eighteenth birthday. [ 24 ] Although both she and her mother have more recently become more cooperative with the services of the Director of Youth Protection, the degree of seriousness of X disturbances, their frequent repetition and her continuing disregard for her wellbeing and safety are all factors that render her mother incapable of, or that show the failure of her mother to resolve her daughter's issues [ 25 ] X mother testified that she no longer consumes alcohol, however, more recently, she has been observed on occasion in an intoxicated state.

It would appear from her statements before the Court that she is not totally aware of the extent of X behavioural problems. [ 26 ] Considering the admissions of the parties before the Court, considering the testimony of witnesses, considering the Report filed as Exhibit D-2, the Court finds that the measures sought by the Director of Youth Protection are warranted. [ 27 ] FOR ALL THESE REASONS, THE COURT: [ 28 ] GRANTS this motion; [ 29 ] DECLARES that the security and development of the teenager X are in danger; [ 30 ] ORDERS that the youth X, born on […], 1996, remain in a Rehabilitation Center until the age of majority, being […], 2014; [ 31 ] ORDERS that the stepfather, C be in contact with X only in the presence of a third party; [ 32 ] ORDERS that C have no contact with X throughout the police investigation; [ 33 ] ORDERS that the mother, B, remain sober in the presence of X;

[ 34 ] ORDERS that the mother collaborate with the Director of Youth Protection and the person delegated to work with her; [ 35 ] ORDERS that a person working for an institution or a body provide aid, counsel and assistance to the youth, her mother and family until February 2014; [ 36 ] ORDERS the police to collaborate to the execution of this order; [ 37 ] ENTRUSTS the situation of the youth X to the Director of Youth Protection A, who shall see that the measures are carried out. ______________________________________ JUANITA WESTMORELAND-TRAORÉ, J.C.Q. M e Joanie Jacob Lawyer for youth M e Robert-André Adam Lawyer for the D.Y.P. Date of hearing: November 15, 2013