2015 QCCQ 19916, 2015 QCCQ 19916

Protection de la jeunesse — 157259 2015 QCCQ 19916 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000403-097 DATE: September 3, 2015 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2002 [interveneer 1] , duly authorized by the Director of Youth Protection working at 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 of City B (Quebec) [...] 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 asks the Court to review it decision rendered on September 9, 2014. On that date the Court ordered the placement of the youth in a rehabilitation center for a period of 12 months with other relevant measures for the same period. [ 2 ] The applicant states that the review of the decision is necessary because the adolescent's situation remains difficult and that she still needs services from a rehabilitation center.

If the Court concludes that the adolescent's situation is still compromised the applicant recommends a placement in a rehabilitation center until the end of the next school year with different other measures for a period of 12 months. [ 3 ] The adolescent is present and represented by counsel. She acknowledges that her situation is still compromised according to the Youth Protection Act . She agrees with the applicant's recommendations concerning the measures. [ 4 ] The mother is present and not represented by counsel.

She does not wish to be represented even if the Court explained to her all her rights in that regard. The facts [ 5 ] The Court considers the following facts as proven by preponderant evidence. [ 6 ] The mother still resides in City B. [ 7 ] She went to the Maison l'Equinoxe to have some support and to understand more her past relationship that involved physical and verbal violence. Now she is doing much better and has quit drinking. She went to Centre Normand a lot and it helped her to remain sober. She participated as well in other services.

She demonstrates a better organisation and remains focused on her children's needs. [ 8 ] The mother was often visiting in City C and City A in the last summer, which created an impact on the adolescent who was not seeing her mother as often. The mother realised that at the end of the summer and she made it as priority not to miss the visits with the adolescent. [ 9 ] During that period it was harder as well to reach the grandmother who was not always available to visit the youth.

The grandmother now lives in City B and intends to stay there. [ 10 ] On December 15, 2014 the mother was in contact with her ex-spouse but she did not include the youth in that contact. The mother does not intend to go back with her ex-spouse unless there would be some drastic changes. [ 11 ] Since February 2015, the Director of Youth Protection has difficulty to reach the mother on many occasions in regard to the youth's situation, as she would not return his calls. She would not contact the Director of Youth Protection either in regard to visits or updates concerning her daughter.

On the other hand the grandmother was always present for the youth and received her for visits. [ 12 ] As for the youth, on August 6, 2014, the resource worker found a foster family for her but it did not work because the family was not able to take the youth with them. The youth had to stay at the rehabilitation center.

[ 13 ] The youth was rude with the workers and did not comply with the rules. On October 20, 2014, she did not came back from school and was reported to the police. It became difficult in the morning to be on time for school. [ 14 ] The youth also came back late another day during the week and was brought back by her grandmother at the center. The grandmother reported that the youth was back at her house late at night. [ 15 ] On October 23, before the youth's situation deteriorates it was decided that she should come to school at Centre Jeunesse's establishment. [ 16 ] On November 11, the youth ran away. She returned to the center with the police officers at 10:00 P.M. [ 17 ] The positive

part is that the youth functions well at the center. She often asked when she would be able to go in a foster family. It has been explained to her that with her actual behaviours it is not a possibility for now. [ 18 ] There are positive although small changes when the youth sees her psychologist. She is going through a lot of anger in regard to her mother. [ 19 ] In the last months the youth regularly refused to participate in the program. Even if she made some efforts for most April and May she still need to improve her attitude and her participation.

As for school in the center it has been more difficult. [ 20 ] X is a 13 years old teenager who is intelligent. She has a lot of behaviours that come from her severe attachment disorder. She went through a lot of changes in the last year, which led to frustrations. It could explain in part her behaviour. [ 21 ] On May 22, 2015 the mother contacted the Director of Youth Protection to tell him that she is trying to get registered at Portage Center. She feels that she needs to go there to improve her situation as an individual and a parent. She intends to go there with her baby.

Decision [ 22 ] The evidence is preponderant that the youth still needs services provided by a rehabilitation center and though even if her situation has improved. [ 23 ] The youth has started school outside the center and will continue the same in September. She is a good student and behaves well in class. She has a follow-up with a psychologist on a voluntary basis. She had contacts with her mother most of the year. She had contacts as well with her grandmother. [ 24 ] The mother feels that she needs to go to Portage Center and seems quite motivated to do so.

Her intake is scheduled at the end of August for duration of six or eight months. The mother agrees with the applicant's recommendations concerning the measures even though she states that a rehabilitation center is not the best living environment for a child. [ 25 ] The relationship between the mother and the youth improved. The mother improved as well her parental skills by listening, guiding and structuring the youth. They are building a trusting relationship. [ 26 ] Recently the youth asked the Director of Youth Protection to go to a Group Home in Louvicourt.

The Director of Youth Protection will evaluate this option. If the youth wants to go to a Group Home she will have to behave well as she has to attend a public school (which is required to be in a Group Home). [ 27 ] The Court concludes that the security or development of the youth is still compromised pursuant to the Youth Protection Act . As for the applicant's recommendations for the measures the Court concludes that they are reasonable, appropriate and in the youth's best interest.

For these motives the Court: [ 28 ] Grants the motion; [ 29 ] Maintains that the security or development of X, born on [...], 2002, is still compromised pursuant to the Youth Protection Act ; [ 30 ] All the following measures end at the end of the 2016 school year. [ 31 ] Orders the provisional compulsory foster care of the youth in a rehabilitation center; [ 32 ] Orders that a person working for an institution or body provides aid, counselling and assistance to the youth and the mother; [ 33 ] Orders that the youth receives a follow-up with a psychologist, pedo-psychiatrist or any other specialist required in her situation as long as deemed necessary; [ 34 ] Authorizes visits from the adolescent in a foster family in City C or in City A once a month.

Authorizes contacts between the youth and her siblings at least once a month. The modalities of the contacts will be supervised by the Director of Youth Protection; [ 35 ] Authorizes contacts between the youth and the maternal grandmother every two weekend if the situation allows it. Those contacts will be supervised by the Director of Youth Protection as for the modalities; [ 36 ] Authorizes contacts between the youth and the mother every two weekend if the situation allows it.

Those contacts will be supervised by the Director of Youth Protection; [ 37 ] Orders that the youth attends a school or another place of learning on a regular basis;

[ 38 ] Takes judicial notice of the mother's consent and Authorizes that the information be exchanged between the different workers involved in the adolescent's situation; [ 39 ] Orders any police body to collaborate for the purpose of executing this enactment; [ 40 ] Entrusts the youth'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 Warolin, attorney for the youth Date of hearing: July 9, 2015