2010 QCCQ 12923, 2010 QCCQ 12923

Protection de la jeunesse — 101633 2010 QCCQ 12923 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] "Youth Court Division" N°: 525-41-021824-099 Date: May 5, 2010 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 1996 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of A Youth and Family Centres Applicant -and- Y , the mother -and- Z , the father The parents -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Mise-en-cause JUDGMENT

Section 95-95.1 of the Youth Protection Act (L.R.Q., C.P-34.1) JD2620 [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of May 5, 2010, in accordance with the requirements of

section 90 of the Youth Protection Act . [ 2 ] The Court was presented with a motion to extend an order rendered on November 11, 2009 by the undersigned whereby the now fourteen year-old adolescent, X , was entrusted to her mother with aid, counsel and assistance for a period of six months. [ 3 ] The facts alleged in support of the motion are as follows: 3.1 the adolescent remained with the mother; 3.2 the mother reports being sober and not to be alcohol dependant; 3.3 in January 2010, there was an incident whereby the mother went missing for twenty-four (24) hours.

She reportedly went to a club and was assaulted, and robbed of all her money. The mother did not press charges as she does not recall her whereabouts. The mother denied consuming alcohol; 3.4 that same evening, the adolescent telephoned her god-mother as she was not comfortable spending the night alone and she went to the god-mother's home.

Since that time, she has had regular weekly sleep-over visits at the home of the god-mother; 3.5 on December 9, 2009, the adolescent expressed suicidal ideation to the school officials; 3.6 on the same day, the adolescent went with her mother at the emergency of the A Hospital and was seen by a psychiatrist; 3.7 the adolescent was discharged and referred to the A Clinic at the A Hospital and has had two (2) meetings with a psychiatrist; 3.8 the child has failed four (4) of the main core school subjects of the winter school exams, stating that she was too worried about her mother's health and her personal issues that she was unable to concentrate;

3.9 the school and the mother put in place a system that the mother is to sign the adolescent's agenda every day in order to ensure that her homework is done; 3.10 the mother and the adolescent have not attended any organized therapy; 3.11 the mother reports that she continues to attend Alcoholic Anonymous meetings twice per week; 3.12 the mother has had recent weight loss and her health is of concern; 3.13 the relationship between the adolescent and her mother has improved; 3.14 the adolescent's respect of the mother's rules has improved, and needs to continue improving; 3.15 at the present time, Youth Protection involvement remains necessary in order to secure the gains made and to continue to improve the situation (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to the care of her mother, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, who chose to proceed without the assistance of legal counsel, admitted most of the alleged facts and consented somewhat reluctantly to the proposed measures. [ 6 ] However she denied being unable to recall her whereabouts on the evening she was assaulted and robbed in January 2010.

She explained that she simply could not identify the street. [ 7 ] She also added that organized support therapy was not made available to her and her daughter.

She remains open to such support should it be made available, provided her daughter is willing to participate. [ 8 ] The adolescent's father's whereabouts remain unknown. [ 9 ] The adolescent, who was present and assisted by Me Benoit, also admitted most of the alleged facts and consented to the proposed measures. [ 10 ] However, she indicated that she did not feel prepared at the moment to undertake joint counselling with her mother for reasons which she did not want to disclose and preferred to share with the Youth Protection worker at a later date. [ 11 ] She also indicated that her relationship with her mother has not improved as much as she might have hoped. [ 12 ] The Director filed as evidence Exhibit D-1: D-1: Court Report prepared by [social worker 1], dated March 8, 2010; [ 13 ] In

summary, the evidence establishes that the family continues to experience difficulties and to require support. [ 14 ] The rationale for ongoing DYP involvement is described as follows: The family unit continues to be very close and there has been no physical aggression disclosed by either Y or X. Y continues to work on demonstrating more patience and understanding towards her daughter who appears to be taking on more responsibility for her actions.

X and Y have been cooperative in working with the undersigned and they have made some progress in their communications and relating towards each other as there has been less conflict in the home. Y continues to attend weekly alcohol anonymous (AA) meetings. X continues to rely on her school officials and her god-mother, A for emotional support. Y and X are engaged in separate / individual counseling support to address their own emotional and personal issues. The outstanding issue for this family is for them to engage in family counseling. Y and X have not participated in counsellng as a family.

Y continues to minimize the importance of family counseling for her daughter and herself, stating that she has many other responsibilities which appear to take priority over addressing the issues in her relationship with her daughter.

However, Y is in agreement to having in-home support of an educator for parenting support, tips and strategies. [1] [ 15 ] Under the circumstances, given the evidence and the consent expressed, the Court is satisfied that the motion is well-founded and that the recommendations are in the adolescent's interest. [ 16 ] THEREFORE, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of the adolescent, X , remain compromised under the Youth Protection Act for the reasons initially declared; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 19 ] ORDERS that the adolescent remain entrusted to the care of her mother; [ 20 ] STRONGLY RECOMMENDS that the adolescent follow through with the recommendations of her treating professionals;

[ 21 ] ORDERS that the Director of Youth Protection have access to information regarding the adolescent's treatment; [ 22 ] ORDERS that the mother abstain from consuming alcohol or being under the influence of alcohol in her daughter's presence; [ 23 ] ORDERS that the mother submit to random alcohol testing at the request of the delegate; [ 24 ] TAKES JUDICIAL NOTICE of the mother's consent to that effect; [ 25 ] ORDERS that the mother continue to seek weekly support at an organized group related to alcohol addiction; [ 26 ] TAKES JUDICIAL NOTICE of the mother's undertaking to do so; [ 27 ] ORDERS that the family benefit from the services of an educator; [ 28 ] STRONGLY RECOMMENDS that the adolescent and her mother engage in family counselling; [ 29 ] ORDERS that the adolescent and her mother be provided with family counselling should they agree to it; [ 30 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family; [ 31 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out; [ 32 ] THE WHOLE for a period of one year.

SIGNED IN city A May 14, 2010 TAYA DI PIETRO, Q.C.J. Me Camille CHAMPEVAL / AL7489 Attorney for the Director of Youth Protection Me Christian BENOIT / AU0715 Attorney for the adolescent Judgment rendered verbally on May 5, 2010 . TD/md