2011 QCCQ 18515, 2011 QCCQ 18515

Protection de la jeunesse — 117468 2011 QCCQ 18515 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001395-117 DATE: October 18, 2011 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.Q.C. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 1995 [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection of the Cree Board of Health and Social Services of A, working in city A, district of A, province of Quebec Applicant v.

A , residing and domiciled in city A, district of A, province of Quebec Mother and B , residing and domiciled in city A, district of A, province of Quebec Father ______________________________________________________________________ JUDGMENT ( Sections 38 and 75 , Youth Protection Act, R.S.Q. c. P-34.1 ) ______________________________________________________________________ [ 1 ] The Court was submitted with a motion for protection, according to sections 38 and 75 of the Youth Protection Act , concerning the situation of the youth X, born on [...], 1995. [ 2 ] Both parents were absent at the hearing.

The mother received copy of the proceedings for serving purposes. The evidence shows that the applicant proposed some travel arrangements to the mother but did not receive any answer from her. Concerning the father, he is not involved in the life of the youth. He denies being the biological father and declines to be present at the hearing. [ 3 ] The youth is represented by Me Clara Egervari. He practically admits all the allegations of the motion. He agrees with the recommendations for the placement in a foster family. [ 4 ] The evidence shows that the mother displays alcohol and drug related problems.

She has been struggling with these issues for a few years. Despite the support of the Social Services, she showed no interest in being followed-up by the Social Services and the psychologist. [ 5 ] On June 30, 2011, she was evicted from her house by the A Housing Committee. The letter from the Cree Nation of city A mentioned the following: "Dear Miss A, It has come to our attention that the place that you reside in is still being used for the wrong purposes, and for this, you will have to remove yourself and your belongings any time before or on the date stated.

June 30, 2011 at 12 pm is the time that you will have to be vacant from the premises. (…) We do hope that this will remind you to seek the real help that you need so that in the future you can once again reside in a place that will give you the privacy that everyone desires." [ 6 ] According to the testimony of Ms. [social worker 2], Youth Protection Worker, the mother is still homeless on the date of the hearing. [ 7 ] On August 8, 2011, the mother asks for his son to be placed due to his behaviour disturbances. She complains that he is aggressive with her and his sister.

She also reports that he refuses to wake up in the morning to go to school. [ 8 ] The youth admits his behavioural problems. The Court believes that the family environment of the youth can explain his lack of interest in school. His environment was very unstable, due to the mother’s lifestyle. At times, he did not have enough food at home because the mother used the money for her addiction. Also, he was lacking supervision, which could explain his difficulty with

authority. [ 9 ] Since the beginning of the school year, on August 23, 2011, he missed a few classes and was suspended for one day. [ 10 ] The Court is of the opinion that the security or development of the youth must be declared endangered, according to

section 38 (b)2) of the Youth Protection Act , because there is a serious risk that the parents do not provide for his basic needs. The serious behavioural disturbances the youth is showing must also be noted, according to

section 38 (

f) of the Youth Protection Act. [ 11 ] In order to decide which measures are likely to end the endangered situation, the Court benefits from a Social Report prepared by Youth Protection Worker , Ms. [social worker 2]. The latter recommends a foster home placement for a period of twelve (12) months. [ 12 ] A

summary report from the CLSC community worker of A Social Services reveals a history of placement for the youth starting in 2004. He was regularly removed from the care of his mother between 2004 and 2011. [ 13 ] The mother’s recurrent problems are the reasons for the placement. The youth experienced a lot of instability during this period. He is presently 16 years old and must be stable until he reaches majority. [ 14 ] The Court heard Mr. [social worker 2], who represents X's foster family. He has developed very good ties with the youth. He has a twenty-year old son who has a very good influence on him.

He is ready to be involved in the life of the youth until his majority. [ 15 ] The youth informs the Court that he accepts to be placed in a foster family until his majority. Despite his consent, he hopes that his mother will change her way of life and he wants to have the possibility of being reintegrated with her if the situation allows. His position reflects the strong bond between X and his mother.

His wish is to be with her but he is aware of her difficulties. [ 16 ] FOR ALL THE ABOVE MENTIONED REASONS, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security or development of the youth is in danger; [ 19 ] ORDERS the placement of the youth in a foster family until his majority with a possible reintegration with his mother if the situation allows; [ 20 ] ORDERS that contacts and visitation rights with the mother be supervised by the Director of Youth Protection; [ 21 ] ORDERS that the Director of Youth Protection provide aid, counsel and assistance to the youth and his mother until his majority; [ 22 ] ORDERS that the mother attend a treatment program concerning her issues; [ 23 ] ORDERS the police to collaborate in the execution of the enactment; [ 24 ] ENTRUSTS the youth’s situation to the Director of Youth Protection of the Cree Board of Health and Social Services A, who shall see to the execution of the enactment. __________________________________ RENÉE LEMOINE, J.Q.C.

Me Clara Egervari For the youth Me Stéphanie Lachance For the applicant Date of hearing: Val-d'Or, September 15, 2011