2011 QCCQ 14328, 2011 QCCQ 14328

Protection de la jeunesse — 115210 2011 QCCQ 14328 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 145-41-000365-103 DATE: July 12, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ SOCIAL WORKER 1] Petitioner and X Adolescent and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for extension of an order in respect of X (1994 […]) is referred to the Court by the Director of youth protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] On December 8, 2010, the Court declares that the security and the development of this adolescent are considered to be in danger and entrusts her to her father with several supportive measures and a follow-up until June 30, 2011 for the reasons enunciated in the judgment. [ 3 ] The present petition is based on the following assertions and facts :

a) X has been living with her father and stepmother since last December ;

b) X has a major issue with any authority figure and to comply with rules ;

c) X missed many days of school and put in minimal effort ;

d) on occasions, X drinks to excess ;

e) recently, X's behaviour has improved, the youth understands the need for change and makes efforts ;

f) however, X's situation in school remains difficult because of the youth's lack of interest and motivation ;

g) X started to have weed-ends visits at her mother's just recently ;

h) the second visit at the mother's did not go well, there was arguing and X got verbally aggressive ;

i) X was assessed by a psychologist and is willing to get involved in counselling ;

j) more time and help are necessary to build a better relationship between X and her mother. [ 4 ] The Director of youth protection modifies its recommendations. Instead of returning X with her father, the recommendations are that X be entrusted to a rehabilitation center until August 31 st , 2011 and after, to a foster family until December 31, 2011. [ 5 ] At the hearing, the adolescent and her parents are present and only the father is not represented.

He left before the end of the hearing (during the recess and before the pleadings). [ 6 ] The parents admit (save a few the mother denies) the allegations of the petition but they contest the recommendation of the Director of youth protection regarding the duration of the placement at the rehabilitation center. The mother pretends that it should be for six months.

The father is less precise but is of the opinion that it shall be more than the end of August. [ 7 ] The adolescent denies few allegations of the petition and wishes to be entrusted to a foster family as soon as possible, if not immediately. [ 8 ] The Court studied the psychosocial report (dated May 14, 2011), X's psychological evaluation report (dated June 9 th , 2011) as well as the report of an educator (A unit). [ 9 ] The Court heard the testimony of the petitioner, the educator, the parents and the adolescent. [ 10 ] It is obvious that the adolescent can not return with her parents. [ 11 ] The father doubts of his capacity to deal with the situation at the present time.

He is facing a divorce and has a financial issue. He regrets that he did not assume his responsibility in the past in regards with his daughter. He tried to be more a friend than a father and, obviously, did not sufficiently supervise and structure X. [ 12 ] The testimonies of X and her mother are explicit and convincing that their relationship is strained, if not severely affected. [ 13 ] The mother admits she is very strict and she perceives the parent as being on the top level and the child underneath.

X confirms that it must go her (mother) way or no way. [ 14 ] When asked what positive aspects she sees in her daughter, the only thing that comes out is that she is a talented traditional dancer. [ 15 ] She refuses to consider the foster family as an option as they do not know X.

[ 16 ] She is sad to see that X considers more her maternal grandmother but it is not surprising as the latter took care of her during many years.

The relationship between X and her mother was more like sisters. [ 17 ] X must be entrusted to a foster family or a rehabilitation center. [ 18 ] The reports and the testimonies of Mrs [social worker 1] (the petitioner) and Mr [social worker 2] (the educator) are not convincing that the rehabilitation center is an option until the end of the summer and certainly not until the end of the year as claimed by the parents. [ 19 ] The psychologist does not recommend this option and his opinion is not to be thoughtlessly put aside. [ 20 ] There is no evidence that X manifests serious behavioural disturbances and Mr [social worker 2] says that he did not see an acting-out issue during the three weeks X was at A Unit on a provisory basis. [ 21 ] X has a past to deal with and she must acquire tools in this regard. [ 22 ] X seems to have a problem with alcohol.

She can hardly respect authority but the evidence reveals that it is a problem with her parents for the reasons we all know. There is no evidence that these problems can not be addressed by a foster family, even if they do not know her.

They will learn enough from the Director of youth protection to be able to perform their duties. [ 23 ] This option shall be tried before the last resort measure (A Unit). [ 24 ] The Court understands very well that Mrs [social worker 1] does not wish a failure but a placement in a rehabilitation center must be more than convenient, it must be necessary and the only feasible alternative. [ 25 ] Moreover, the adolescent collaborates and agrees to continue her involvement in the different follow-ups. [ 26 ] She did well with the psychologist and met Mrs [social worker 3], a social worker. [ 27 ] However, the Court agrees with Mr [social worker 2] that three different places of residence within a month can be difficult for X and a transitional period is a necessary and prudent approach. [ 28 ] The Court believes that X shall remain in a rehabilitation center for another month while she will benefit from outings in a foster family chosen rapidly by the Director of youth protection.

It is important that X gets acclimatized with this family a certain period of time before school starts. [ 29 ] It is for X to take this chance to prove that she can follow the rules in society , school and foster family, and benefit from her freedom positively. [ 30 ] She knows what to do and what not to do. Words are important but actions count. WHEREFORE, THE COURT : [ 31 ] DECLARES that the security and the development of X are still considered to be in danger according to

section 38 of the Youth Protection Act ; [ 32 ] ORDERS that X be entrusted to a rehabilitation center until August 14, 2011 ; [ 33 ] ORDERS that X be entrusted to a foster family from August 15, 2011 until December 31, 2011 ; [ 34 ] ORDERS that X benefits from regular outings in a foster family during the time she will be at the rehabilitation center including week days and week-end days ; [ 35 ] ORDERS the Director of youth protection to designate a foster family for the adolescent within the shortest delay in order that she can benefit from regular outings ; [ 36 ] ORDERS X to respect the rules put in place by the foster family ;

[ 37 ] ORDERS X to attend school regularly and to respect the rules of the institution ; [ 38 ] ORDERS that X and her family benefit from an external educator to help them building healthy relationships with each other ; [ 39 ] RECOMMENDS that the mother actively participates in psychological counselling to deal with her anger management and personal issues ; [ 40 ] ORDERS that X actively participates in an evaluation for substance abuse and in a follow-up if recommended ; [ 41 ] FORBIDS X to possess or drink any kind of alcoholic beverage or drugs except if validly prescribed to her ; [ 42 ] ORDERS that X actively participates in a psychological counselling to deal with her personal issues, so that she can move forward in her relationships with her parents ; [ 43 ] RECOMMENDS that both X and the mother actively participate in counselling together to improve their communication and relationship ; [ 44 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and her family ; [ 45 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until December 31, 2011, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Janick Poirier, for the petitioner Mrs Florence Frappier-Routhier, articled student in law at the Legal Aid Office for the adolescent Mr A, the father Mrs B, the mother