2015 QCCQ 12225, 2015 QCCQ 12225

Protection de la jeunesse — 152318 2015 QCCQ 12225 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000658-153 DATE: April 10, 2015 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 1999 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection exercising her profession at the Centre Jeunesse A , having a place of business at […] in City A , district A (Quebec) […] Applicant and A , residing and domiciled at […] in City B , district A (Quebec) […] Mother and B , unknown address Father ______________________________________________________________________ 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 applicant asks the Court to declare the security or development of X, born on [...], 1999, endangered pursuant to sections 38 b) 1° iii and b) 2° of the Youth Protection Act . [ 2 ] If the Court concludes that the adolescent's safety is compromised pursuant to the law the applicant recommends as one of the measures a placement in a foster family no later than March 13, 2015.

In the meantime the adolescent will be entrusted to C. [ 3 ] The adolescent is present and represented by counsel. He admits all the allegations and agrees with the applicant's recommendations concerning the applicable measures. [ 4 ] Both parents are absent but the mother is represented by counsel who states having a clear mandate from his client. [ 5 ] The father was absent at the last Court hearing scheduled on February 18, 2015. He does not have a stable address. The motion was served at his mother's place as the father asked it. There is no news from the father.

For the past year the father is barely involved in his children's life. [ 6 ] Counsel for the mother admits all the allegations. The adolescent's safety and the measures recommended by the applicant are not challenged. The facts [ 7 ] The Court considers the following facts proven by preponderant evidence. [ 8 ] On February 6, 2015, the Court as a provisional order entrusts Y (X's brother) to his aunt C. X is maintained with his mother provided that she stays in City B.

The Court adds that if the mother decides to go back to City C the case will be brought back before the Court for a new hearing on provisional measures. [ 9 ] On February 18, 2015, the Court postpones this hearing and entrusts the adolescent to Mrs C. [ 10 ] The adolescent and his parents have been known by the Youth Protection services for several years. [ 11 ] Due to the fact that the adolescent's parents had serious personal problems, the adolescent had been the object of several judgments from this Court. [ 12 ] The last Court orders regarding the adolescent ended in February 2012. [ 13 ] Since then the adolescent, his brother and their mother moved several times from place to place.

[ 14 ] The father is absent from the adolescent's life. [ 15 ] From September 2013 until the beginning of 2014, the adolescent was living in City D with his mother and his brother. At that time a report was made to the Children's Aid because the adolescent was often absent from school without reason. [ 16 ] Short after that report was done, the adolescent and his family came back to City B. Then the adolescent had been entrusted to an enlarged member of his family by his mother. [ 17 ] Around April 2014, the mother started a relationship with a man living in City C.

From April to September 2014, the adolescent had been sometimes in City B sometimes in City C. [ 18 ] In September 2014, the adolescent was living with his aunt in City B while the mother was going back and forth from City C to City B. [ 19 ] In October 2014, the mother decided to move to City C with the adolescent and his brother at her boyfriend's house. [ 20 ] In December 2014, the adolescent's brother Y came back to City B. His relationship with his mother's boyfriend was not good.

Though he was not welcomed in the boyfriend's house anymore. [ 21 ] Y asserted that his mother was drinking a lot of alcohol with her boyfriend in City C. He did not like to live there with his mother and her boyfriend. [ 22 ] Y disclosed also that his mother was more impatient and was yelling at him and his brother. [ 23 ] The mother asked an aunt, Mrs C to take care of Y. [ 24 ] The mother denies drinking on a regular basis. She denies also having a drinking problem. In the past she admitted having a substance abuse problem.

This problematic was covered during the follow-up done by the Youth Protection between 2006 and 2012. [ 25 ] Both Y and X recognise that they regularly smoke cannabis. In September, X admitted to the Youth Protection worker consuming marijuana once or twice per week. He was proud to say he had slow down because he used to smoke weed four to six times per day. When met in February the adolescent remained evasive on his drug consumption. [ 26 ] The mother has some difficulties with her role of authority and of supervision with her sons. She is aware of the fact that her children smoke cannabis regularly.

She does not monitor their consumption and does not seem to consider it as a problem. [ 27 ] The adolescent's attendance in school has been poor last year and since the beginning of the school year (2014-2015). Beside calling the school to be aware of her son's attendance the mother did not mention trying anything to help her son having a better attendance. [ 28 ] The youth is a 15 years old teenager. He is currently attending A school in City B (since the end of December 2014, he is back in City B). He failed his grade last year and had to start over his grade 9 this year.

In most subjects, his marks are below average and he is not passing. [ 29 ] The youth is suspicious when meeting with Youth Protection services. He knows what it is to be entrusted to foster families or a significant adult because he has been placed for a total of four and a half years since 2003. The parents [ 30 ] The parents separated not to long after Y's birth. There were conflicts in their relationship because of drug and alcohol abuse and physical as well as verbal violence.

The children were entrusted to family members, foster families or were under the care of their mother. [ 31 ] The mother got the legal custody of her sons in 2004. [ 32 ] The father involvement in his sons' life has been unpredictable and sporadic. His absence can be partly explained by the fact he has been incarcerated several times for different reasons. [ 33 ] The adolescent has been the object of several judgments from this Court. In June 2009, the adolescent and his brother were entrusted to their grandmother until they would reach their majority.

Nevertheless, one year later, the mother was able to have back her sons under her care because of the progress and improvement she has made in her life. The youths continued to be under protective measures until February 2012. [ 34 ] On February 6, 2015, after the audition on the provisional measure the Youth Protection worker scheduled an appointment with the mother for the following Monday. The mother did not show up at the meeting and could not be reached. [ 35 ] As for the father, the mother informed the applicant that he did not want to have anything to do in this situation and did not want to meet her.

Decision [ 36 ] The family is very reluctant to work with the Youth Protection services. The mother's collaboration is weak. [ 37 ] The evidence reveals that the mother is very unstable. According to her she ended her relationship with Mr D who lives in City C.

[ 38 ] The evidence reveals also that the mother does not realize the impact of her instability on her sons. Even more she does not take her responsibilities in regards to her parenting obligations. [ 39 ] In addition to that, mother and sons use drugs. Both of them will have to seek counselling in regards to their substance abuse. The mother will have to remain sober to play her parental role in an efficient manner. [ 40 ] In February, X has been entrusted to his aunt C who also takes care of Y. It is a too heavy responsibility to take care of two adolescents. [ 41 ] A new foster home has been found for X.

It is a native foster family. There are mature people who live in City D. The woman used to teach X in City B. A meeting is planned to meet with the family. For now the adolescent lives with his aunt. [ 42 ] As the mother it seems that she is back with her boyfriend.

The relationship is still unstable. [ 43 ] Considering the evidence as a whole the Court concludes that the security or development of X, born on [...], 1999, is endangered pursuant to sections 38 b) 1° iii and b) 2° of the Youth Protection Act . [ 44 ] The Court concludes that the applicant's recommendations concerning the applicable measures are reasonable, appropriate and in the adolescent's best interest.

For these reasons the Court: [ 45 ] Grants the application; [ 46 ] Declares that the security or development of X , born on [...] , 1999, is endangered pursuant to sections 38 b) 1° iii and b) 2° of the Youth Protection Act ; [ 47 ] Entrusts the adolescent to a foster family for a period of six months no later than March 13, 2015; in the meantime he will be entrusted to Mrs C ; [ 48 ] Orders the following measures for a period of nine months; [ 49 ] Orders that the contacts between the parents and the adolescent be supervised by the Director of Youth Protection as for the modalities, the frequency and the length; [ 50 ] Orders the mother to report to the Director of Youth Protection on a regular basis; [ 51 ] Orders the mother to participate actively in the application of the measures in order to put an end to the situation; [ 52 ] Takes judicial notice of the mother's consent and orders the mother to benefit from an individual follow-up, notably concerning her substance abuse for as long as deemed necessary by the professional concerned; [ 53 ] Orders the mother not to consume any drugs or alcohol and remain sober in the adolescent's presence; [ 54 ] Orders the mother to ensure that the adolescent is not in the presence of people under the influence of drugs or alcohol; [ 55 ] Recommends that the mother undertakes to inform the Director of Youth Protection of her whereabouts outside AREA A with her son and that she previously requests approval from the Director of Youth Protection on the place where she will bring him; [ 56 ] Orders that the adolescent attends school on a regular basis; [ 57 ] Takes judicial notice of the adolescent's consent and orders him to be evaluated in regard to his drug consumption and to receive services for as long as deemed necessary by the professional concerned; [ 58 ] Orders that a person working for an institution or body provides aid, counselling and assistance to the adolescent and the parents; [ 59 ] Allows the Director of Youth Protection to sign authorization pertaining to school activities even that neither of the parents can be reached as well as for medical care and cultural activities; [ 60 ] Takes judicial notice of the mother and adolescent's consent and Allows the exchange of the information between all the professionals, including the Director of Youth Protection, implicated in the mother and adolescent's case; [ 61 ] Orders any police body to collaborate for the purpose of executing this enactment; [ 62 ] Entrusts the adolescent's situation to the Director of Youth Protection who shall then see that the measures are carried out.

__________________________________ Josée Bélanger, J.C.Q. Me Julie Lemire, attorney for the Director of Youth Protection Me Peggy Corbel Warolin, attorney for the adolescent Me Daniel Ouellette, attorney for the mother Date of hearing: 6 mars 2015