2012 QCCQ 9272, 2012 QCCQ 9272

Protection de la jeunesse — 123027 2012 QCCQ 9272 COUR DU QUÉBEC CANADA PROVINCE DE QUÉBEC DISTRICT DE [...] LOCALITÉ DE [...] « Chambre la jeunesse N° : 505-41-006729-117 DATE : March 21, 2012 ______________________________________________________________________ SOUS LA PRÉSIDENCE DE L’HONORABLE JEAN GRAVEL ______________________________________________________________________ DANS L'AFFAIRE DE L'ENFANT: X, born on […], 1996 Enfant c. [INTERVENANTE 1] Requérante et A B (deceased) Parents Et La commission des droits de la personne et des droits de la jeunesse Mise-en-cause ______________________________________________________________________ JUGEMENT (article 38 de la L.P.J.) ______________________________________________________________________ [ 1 ] In accordance with

section 38 of the Youth Protection Act, the Court is seized of a motion to have the security and development of X declared in danger for the reasons appearing in paragraph of the motion. [ 2 ] With consent and to serve as evidence, the Director of Youth Protection filed various exhibits (D-3 to D-8) in the record, as the minutes of the hearing show. [ 3 ] Through her attorney, the mother admits all the allegations in the petition and expressed her agreement with the measures. [ 4 ] Through her attorney, the child admits all the allegations in the request unless o)p)r)s)q)t)u)

v) are ignored and expressed his agreement with the measures wanted. [ 5 ] The security and the development of the child are considered to be in danger for the following reasons: ➢ The child has been the object of a decision of the Cour du Québec, chambre de la jeunesse, as it appears in the file:505-41-005602- 091; ➢ The child is living with mother; ➢ The mothers has had drinking issues in the past; ➢ During the years 2010, the mother stayed in a rehabilitation center; ➢ The mother admits having social drinks; ➢ The child goes to school one (1) or two (2) days per week; ➢ The mother does not know where the child is when she is not showing up at school; ➢ The child has a relationship with a 24 years old man, C; ➢ Mr.

C is know for to use alcohol and drugs, and to sell drugs; ➢ The child leaves the home and does not tell the mother where she is going;

➢ On November 11 th , 2011, the child left the home at 4h30pm and never returned until Saturday afternoon; ➢ The child does not listen to the mother's rules; ➢ The mother admits that she has no control over the child; ➢ On January 15 2012, the child and another female minor were attacked by C; ➢ Concerning this facts, the accusations have been authorized against mister C; ➢ The child's mother did contact the Peacekeepers to report C was trying to contact her daughter on January 11 th 2012.

The mother had been informed by the Peacekeepers that he was not breaching his conditions; ➢ The petitioner had been informed that the child was recently in C's company; ➢ The child acknowledge being with C; ➢ The child had been romantically involved previously with C; ➢ Mister C has criminal records, current assault charges pending and he is wanted in the United States; ➢ The child and her mother were not informed about C's history and both of them are especially frightened for the child's security given the situation. [ 6 ] The Director of Youth protection represents that X's security and development are in danger.

X is a 15 year old adolescent. She lives with her mother Mrs A. [ 7 ] X's father is deceased. X's situation is monitored by the Youth Director since 2006. [ 8 ] The mother has been fighting drug and alcohol abusive consumption for many years. [ 9 ] X has learned to cope with her mother's addictions by escaping (leaving home) arguing with mother or exercising her autonomy. [ 10 ] Mrs [social worker 1] Youth Protection delegate working with the family describes the relationship between X and her mother as being entwined. [ 11 ] Mother has some difficulties to update her parental responsibilities.

X needs her mother and puts herself in trouble to have her mother's attention.

X has been involved in a detrimental relation with C who has been violent and controlling with her. [ 12 ] X has been attending A High school regularly and making good progress. [ 13 ] X and mother "need support from professionals to help them build a strong foundation to move forward", [ 14 ] THEREFORE, THE COURT: [ 15 ] GRANTS the present motion; [ 16 ] DECLARES that the security and the development of the child X are in danger; [ 17 ] ORDERS the whole measures for until August 15, 2012; [ 18 ] ORDERS that the child remain entrusted to her mother and that the mother and the child reports periodically to the Director of Youth Protection on the measures they apply in their own regard to put an end at the situation in witch the security or the development of the child is in danger; [ 19 ] ORDERS that a person working for an institution or a body provide aid, counselling or assistance to the child and her family; [ 20 ] ORDERS that the child and the parent take an active

part in the application of the measures ordered, namely: ➢ That the child honours the rules of the home including making her whereabouts known and following curfew; [ 21 ] ORDERS that the child not come into contact directly or indirectly with C; [ 22 ] PROHIBITS all contacts between C and X directly or indirectly; [ 23 ] ORDERS THAT THIS ORDER EXECUTED BY ANY PEACE OFFICER; [ 24 ] RECOMMENDS that the child continue to meet with her support worker on a regular basis and follows recommendations; [ 25 ] ORDERS that the child attend school consistently and in on a regular basic; [ 26 ] RECOMMENDS that the child and her family meet with the caseworker on a regular basis and follow recommendations; [ 27 ] RECOMMENDS that the mother do not consume alcohol in the presence of her child; [ 28 ] RECOMMENDS that the mother continue working with a parenting worker and follow recommendations;

[ 29 ] RECOMMENDS that the mother meet with an addiction counsellor regularly and follows recommendations; [ 30 ] TAKES ACTS that the mother and the child agree that the Director conduct random spot cheeks; [ 31 ] ENTRUST the situation of the child X to the Director of Youth Protection of Le Centre A for the execution of the measures; [ 32 ] THE WHOLE WHITHOUT COST. __________________________________ JEAN GRAVEL , juge Cour du Québec Chambre de la jeunesse Me Marie-Luce Abarrategui, attorney of DYP Me Marie-Pierre Blouin, attorney the child Me Lyne Morin, attorney the mother Date d’audience : March 21, 2012