2016 QCCQ 16929, 2016 QCCQ 16929

Protection de la jeunesse — 167839 2016 QCCQ 16929 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 145-41-000501-152 DATE: November 9, 2016 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 1999 Adolescent -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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 (DYP) asks the Court to revise and extend the order rendered on February 8, 2016 in respect of the adolescent. Her sister is aimed by the same application. The parties agree to present a common proof. [ 2 ] At the hearing, the father is present but not represented; he wishes to proceed without counseling. Mostly, he does not admit the facts, and he is not in agreement with the recommendations of the DYP.

However, he consents to the filing of the report to value the testimony of its author. He wishes that both of his daughters be back living with him. [ 3 ] The mother is not present even if the application was duly served to her. [ 4 ] The adolescent is present and represented. Her counsel also expresses his consent to the filing of the report to value the testimony of its author. She agrees with some allegations but denies some of them also.

However, she disagrees with the recommendations of the DYP because she wishes to go live with her father. [ 5 ] The family had been receiving services for the past five years because the parents have a dysfunctional relationship. [ 6 ] The adolescent is 17 years old and will turn eighteen is a few months. Since the last court order, the adolescent is living with her paternal grandmother who is also a foster family. [ 7 ] She receives regular services from an external educator and a counsellor. She collaborates properly with the services. She is doing very well.

She shows more maturity, and she is more aware of her behaviour and emotions. [ 8 ] Considering that the adolescent lives with the paternal grandmother she often sees her father when he comes to his mother’s house. [ 9 ] The paternal grandmother collaborates well with the services. It seems that the adolescent is functioning correctly in her household. In fact, she already knew well her new environment. [ 10 ] At the hearing, the father asks that his daughter be entrusted to him until her majority. He says that he has been separated too long from her.

He indicated that since the DYP was involved in their lives, nothing changed or improved in the situation of his daughter.

[ 11 ] He admits not having complied with the measures ordered in the last order because all the services or people assuring those services are corrupted. He testifies that he does not need to be better because he is alright the way he is. Recently, he has not been convicted of anything, but he was in the past. His daughter was taken from him around two or three years ago. This time, he does not want her to be living with anyone else than him. [ 12 ] He does not have any contact with his daughter. He states that he tried several times to have visitation but unsuccessfully.

He repeats that is because the system is corrupt, and once again he starts with his speech of contestation and injustice done against him. At the end, no contacts were made except since his daughter has been living with his mother. Since then, he sees her often when he goes to visit his own mother. [ 13 ] The father’s behaviour is unpredictable as mention in the psychosocial report, and we can also notice it during his testimony.

He cannot realize that his way of acting out creates dysfunction in the family home nor the impact it has towards his children. [ 14 ] The evidence demonstrated that the father does not offers in any collaboration what so ever with the services. In court during his testimony, he clearly despised social services and more especially the DYP. He also shows confusion, and it is hard to follow his ideas. He repeats himself often. Furthermore, he doesn’t want to be implicated or comply with any follow up.

Even more, he does not see any problem or issue that his daughter has. [ 15 ] The father is not showing any stability and no collaboration what so ever with any professionals or the DYP. His daughter still has issues to work on but without his implication, those issues cannot be resolved if he has the care of his daughter. [ 16 ] Moreover, he is not willing himself to do anything about his own issues. It will be impossible for him to help his daughter the way she needs it, because, in fact, he denies any problem regarding his daughter’s behaviour or issues.

This attitude also influences his daughter in a negative way and makes her less implicated with the services for which some progress was noticed. [ 17 ] During her testimony, the adolescent states her wish to stay with her father. She does not really explain in details the reasons behind her decision, only by the fact that he is her father. Concerning her academic situation, she is doing well in school. [ 18 ] The adolescent is about to turn eighteen soon, shortly she will make her own decisions.

Of course she is not fragile as before, but still she needs to continue her follow up for the time remaining to give her the most possible opportunities before her majority. The evidence shows clearly that, for the time being, the father is not able to give her the assistance she requires. [ 19 ] However, considering she is more responsible an opportunity was given to the adolescent to be placed under an independent living with support. The objective of this plan was for her to learn certain skills such as budgeting and meal preparation to ensure an easier transition to majority.

When discussed with her, she was willing to actively participate in that plan to make it a reality. [ 20 ] The adolescent still needs support and services to be provided to her before she reaches majority. [ 21 ] The mother collaborates minimally with the services and does not follow any of the recommendations of the last court order. [ 22 ] The evidence demonstrates that the security and development of the adolescent are still in danger. The Court considers that the DYP has established, through preponderant evidence, that the application is well-founded.

The suggested measures appear to be in the best interest of the adolescent. WHEREFORE, THE COURT: [ 23 ] GRANTS the application for revision and extension of order; [ 24 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 25 ] REVISES AND EXTENDS the Court order rendered on February 8 th , 2016; [ 26 ] ORDERS that the adolescent be entrusted to a foster family designated by the DYP until […], 2017 (date of her majority); [ 27 ] AUTHORIZES the adolescent to reside in an Independent living with the support of her paternal grandmother until age of majority ([…], 2017); [ 28 ] ORDERS that the adolescent benefit from external services in life skills and extra support; [ 29 ] ORDERS that the contacts between the adolescent and her parents are determined by agreement between the parties including their supervision as long as deemed necessary; [ 30 ] RECOMMENDS that the adolescent actively participates in psychological counselling; [ 31 ] RECOMMENDS that the parents actively participate in psychological counselling; [ 32 ] RECOMMENDS that the parents benefit from an external educator to teach coping skills, parenting skills and communication skills; [ 33 ] RECOMMENDS that the parents participate in follow-up with Addictions Counsellor and treatment if deemed necessary; [ 34 ] ORDERS that the adolescent and her family actively participate in the application of the measures ordered to put an end to the situation of endangerment;

[ 35 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and her family until […], 2017 (date of her majority); [ 36 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux a for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q. Me Louyse A. Lemieux for the applicant Me Réal Grenier for the adolescent Mrs. A the mother (absent) Mr. B the father Date of hearing: October 5, 2016