2017 QCCQ 983, 2017 QCCQ 983

Protection de la jeunesse — 17222 2017 QCCQ 983 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000528-163 DATE: January 6, 2017 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2000 Adolescent -and- A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 declare that the security or development of the adolescent is in danger. His sister is aimed by the same application. [ 2 ] At the hearing, the mother is present but not represented by a lawyer. She wants to proceed without counsel.

Despite, her denial or disagreement concerning certain parts contained in the psychosocial report done by the youth delegate involved in the file, she agrees with the facts of the application and also with the measures proposed by the DYP. Moreover, she consents to the filing of the report to value the testimony of their author. [ 3 ] The adolescent is also present and duly represented. Even if he denies, denies as written or ignores some allegations, through his counsel, he agrees with the amended recommendations suggested by the DYP and the filing of the reports to value the testimony of their author.

No further evidence was presented in regards to the adolescent’s situation in relation with the allegations denied by him. [ 4 ] On November 13, 2016, the mother was admitted at the hospital, at the time she was intoxicated. [ 5 ] On November 21, 2016, an immediate measure was taken entrusting the adolescent to a foster family.

On November 23, 2016, an extension of the order was granted. [ 6 ] In November 30, 2016, an order was rendered entrusting the adolescent to a foster family until January 6, 2017. [ 7 ] The mother suffers from health problems and psychotic episodes for which she has been hospitalized sporadically. She is unstable and seems disorientated or overwhelmed at times. She also is addicted to drugs. She remarried with another man who also has an addiction problem.

Moreover, during their common life, the adolescent was exposed to domestic violence between them. [ 8 ] The mother testifies at the hearing; she expresses her discontent or the inaccuracy written in the report. She explains briefly that she disagrees namely with the sections about family history and the versions of the facts. [ 9 ] She testifies that she will be attending in January, the [A Center] or the B treatment center for her addictions. The treatment last four weeks. [ 10 ] When the measures were taken the adolescent was placed with extended family, more precisely his mother’s cousin.

He functions correctly there and respects the rules. He is doing well in school, and a progression was noticed in regards to his attendance.

[ 11 ] He still has a good relation with his mother and wishes to be back living with her, even if at times during her psychotic episode she throws him out of the house. When this happens, he manages to find a place to spend the night. Most of the time, he is not home and more at his friend’s house. [ 12 ] Even if the adolescent is less vulnerable than his sister, he still needs a secure place and structure. For the time being, the mother is not able to provide such an environment or care for the adolescent’s needs.

She needs to recover first. [ 13 ] The evidence demonstrates that the security and development of the adolescent are in danger. Under the circumstances and considering the admission and consent of the parties, the application is well founded. The suggested measures appear to be in the best interest of the adolescent. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 14 ] GRANTS the application for protection; [ 15 ] DECLARES that the security and development of X are in danger according to

section 38 of the youth protection act ; [ 16 ] ORDERS that the adolescent be entrusted to a foster family designated by the DYP until June 30, 2017; [ 17 ] ORDERS that the contacts between the adolescent and his mother be determined after an agreement between the parties; [ 18 ] ORDERS that the adolescent and his mother participate in external education services; [ 19 ] RECOMMENDS that the mother participates in an addiction assessment, treatment, counselling and follow-up; [ 20 ] ORDERS that the mother actively participates in a personal and parental psychological assessment; [ 21 ] ORDERS that the adolescent and his mother actively participate in the application of the measures ordered to put an end to the situation of endangerment; [ 22 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and his family until June 30, 2017; [ 23 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present order. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother Date of hearing: January 6, 2017 Written judgment filed on January 16, 2017