2018 QCCQ 19362, 2018 QCCQ 19362

Protection de la jeunesse — 1810755 2018 QCCQ 19362 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000619-145 DATE: October 30, 2018 (written judgment rendered on December 21, 2018) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2004 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, [...] Applicant and A, [...] Mother and B, deceased ______________________________________________________________________ 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 December 18, 2014, regarding the youth X, born on [...], 2004. At that date, the Court declared the security and development in danger and entrusted the youth to her paternal grandmother until she reaches her majority. [ 2 ] The Director asks the Court to revise the decision and to entrust the youth to a foster family until August 30, 2019. [ 3 ] The mother is present and represented by Me Tommasel.

She recognizes that the security and development of her daughter are still in danger and she agrees with the measures. [ 4 ] The youth is present and represented by Me Neptune. She agrees with the measures. Historical situation [ 5 ] In February 2013, a very serious violent event occurred between the parents. X and her four siblings witnessed this event and one child was a victim of violence from the father. This latter was detained and released few days later with the condition not to go to the family house. [ 6 ] On her side, the mother continued to drink and often leave the children unattended.

When she was tired or overwhelmed, she asks the father to come at her house to help her with the children despite the conditions given by the Court. [ 7 ] The children expressed being physically abused by the father and still witnessing conjugal violence events. [ 8 ] In April 2013, voluntary measures were signed and the children were entrusted to their paternal grandmother. Following that, the father made some improvement but the mother continued to display alcohol consumption issues.

She moved from one village to another one and when they are together, the parents still have a violent relationship. [ 9 ] The children are well taken care at the grandmother and they did well. She is available to keep them on a long term basis. [ 10 ] On December 18, 2014, the Court declared the security and the development of X in danger [1] and entrusted her to her paternal grandmother until she reaches her majority. Facts [ 11 ] X is now 14 years old. She is doing well at school and has a good behaviour. She enjoys spending time with her sister Y and doing outside activities.

[ 12 ] The father passed away a few months ago. [ 13 ] On July 24, 2018, X tried to commit suicide by hanging but a friend found her and stopped her. The day after the DYP was informed and X explained that she is bullied by a girl at home and that her grandmother is always drunk. [ 14 ] On September 7, 2018, X displayed suicidal ideation and explained not being happy at her grandmother's place because she feels her grandmother does not care about her. The same day, X and a friend made a suicide pact. [ 15 ] On September 10, 2018, X was suicidal and was found walking on the street.

She was medevac to Town A for suicidal ideation. She stayed there until September 14, 2018, and as requested by X, the DYP took immediate protective measure and entrusted her to a new foster family, with Ms. C in Town B. [ 16 ] The mother is living in Town A and works at the health centre. She is recently involved in the life of her daughter. She made steps in September 2018, to have visits with her children. Before that she communicated with them only by Facebook. She still displays alcohol consumption issues but expresses the wish to stop drinking.

The police was involved few times in her life since the last order. [ 17 ] The grandmother has experienced tragic loss during the last months. Her husband and her son, X’s father deceased. The grandmother refuses the services from the Social Services and the DYP. [ 18 ] X expresses being very well at Ms. C’s place and wishes to stay there on a long term basis. Ms. C reports some difficulties for X to respect the rule but she understands that she needs time to adapt herself to a new environment.

She wishes to be there for X. [ 19 ] Being entrusted in a foster family in the same village, X continues to have regular contact with her siblings as she sees them every day at school. Analysis [ 20 ] The evidence shows that the grandmother is experiencing tragedies recently and she has difficulty to cope with the loss of her husband and her son. Even if the situation at the grandmother’s place is not clear, it’s proven that she developed an addiction problem and that has consequences on X. [ 21 ] X put herself at risk, and her situation raises a lot of concerns. Even if everything seems to go well now at Ms.

C’s place, it’s important to monitor the situation closely to make sure the suicidal attempts won’t occur again. The DYP has to keep in mind that she witnessed conjugal violent events, she saw her mother facing alcohol consumption issues, she also saw her grandmother, who previously represented the safety for her, developing the same issues as the mother, she was suffering from the loss of her father and grandfather, she had to move and she ever thinks about death. It’s more than enough to justify a very close follow-up with medical attention.

FOR THOSE REASONS, THE COURT: [ 22 ] GRANTS this application; [ 23 ] DECLARES that the security and the development of the youth X, born on [...], 2004, are still in danger; [ 24 ] ORDERS that the youth be entrusted to a foster family, chosen by the institute operating a child and youth protection centre; [ 25 ] STRONGLY RECOMMENDS that X be entrusted under Ms.

C’s care and at least in the village A; [ 26 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or in the youth’s regard to put an end to the situation in which the security and development of the youth are in danger; [ 27 ] ORDERS that the youth and the mother take an active

part in the application of any of the measures; [ 28 ] ORDERS that the youth receive specific health care and services such as a follow-up with a child psychiatrist; [ 29 ] ORDERS that the mother seek help through Social Services for her personal issues; [ 30 ] ORDERS that the contacts between the youth, the mother and the grandmother are determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 31 ] ORDERS that the contacts between the youth and her siblings, are as frequent as possible; [ 32 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the youth and the youth’s family; [ 33 ] ENTRUSTS the situation of the youth, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 34 ] ORDERS the execution of the present judgment by any peace officer. [ 35 ] THE WHOLE until August 30, 2019.

__________________________________ PEGGY WAROLIN , J.C.Q. Me Geneviève Apollon, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: October 30, 2018