2016 QCCQ 19801, 2016 QCCQ 19801

Protection de la jeunesse — 16640 2016 QCCQ 19801 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000696-153 DATE: January 19, 2016 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 2001 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection exercising her profession at the Centre intégré de santé et des services sociaux A, having a place of business at […] in Town A, district A Applicant ______________________________________________________________________ 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 declare the security or development of X, born on […] 2001, in danger pursuant to sections b) 2° and

f) of

article 38 of the Youth Protection Act . [ 2 ] The adolescent is present and represented. She acknowledges that her situation is compromised pursuant to the Law and she agrees with the Director of Youth Protection’s recommendations as for the applicable measures to wit that she will be entrusted to her aunt Mrs A. [ 3 ] Mrs A and Mr B are present. The Court grants them the status of party to the hearing. Mr B is X’s biological father and Mrs A her aunt. The facts [ 4 ] The Court considers the following facts as proven by preponderant evidence. [ 5 ] The adolescent’s mother died two years ago.

Her biological father is not legally recognized. She does not have a tutor. [ 6 ] Until last summer the adolescent was living in Town A in her biological father’s family. [ 7 ] The adolescent was living with her paternal grandmother who would live next door to the father. During summer 2015, Mr B entrusted the youth to his sister Mrs A in Town B because they were not able to manage the youth’s behaviours (such as: runaway, truancy, drug and alcohol use). [ 8 ] According to the youth she was most of the time left on her own as it has been confirmed by the father. [ 9 ] The youth displays behavioural disturbances.

She smokes cannabis on a regular basis, two or three times a week. She smokes with her half-siblings and her friends. On October 1 st , 2015, she has been suspended from school after being caught smoking marijuana in the schoolyard. The same day she ran away from Mrs A domicile. [ 10 ] On October 2, 2015, the youth ran away from Mrs A residence for the second time. When she was found by the police on October 3, she was intoxicated and tried to escape.

The Director of Youth Protection took immediate protective measures and entrusted her to a rehabilitation center. [ 11 ] According to Mrs A, X started smoking after her mother’s passing. She smokes to relax and forget about her personal worries. The youth acknowledges her drug consumption and the need to eventually stop it. However she did not show any genuine commitment about it. [ 12 ] On October 5, 2015, Mrs A agreed to take back the adolescent at her place with help from the Director of Youth Protection.

On October 6, 2015, the youth was back at her aunt’s place under provisional measures. [ 13 ] On November 18, 2015, Mrs A called Urgence Sociale to inform them that the youth ran away again, that she missed school and never got home. The youth is later found at a friend’s place smoking marijuana. She is entrusted again to a rehabilitation center.

[ 14 ] According to the youth, when she leaves the house she does not attempt to run away. However she acknowledges that she does not respect the rules. She explains that she never had a proper supervision and that she is used to do whatever she wants to do. She is starting to understand that she needs to conform to the rules and tell her guardian on her whereabouts. [ 15 ] The youth was suspended from school from October 1 st to October 6, 2015, because she smoked pot in the schoolyard. Before that she was suspended on September 9 and 10, 2015.

Despite those events the youth was going to school on a regular basis until recently. Then she started being late at school and skipped classes. [ 16 ] According to the school report the youth can show motivation in class and participate. She is progressing well in English, Algonquin, science, history and very well in mathematics. To improve her situation she needs to have a better attendance and to put more effort into daily activities and assignments.

Overall the teachers’ comments are positive towards X functioning and progress. [ 17 ] The youth recently expressed that she wants to continue to make progress and go to school assiduously planning to catch up the school days she missed when she was at the rehabilitation center. [ 18 ] The educator’s comments at the rehabilitation center are positive as well. According to her the youth acknowledges that her drug consumption and her lack of interest in school were bad for her. The youth can function very well when the structures are present. [ 19 ] The youth is 14 years old.

She is able to adapt with regards to her age to problematic situations. She is calm and sad in general. The mourning of her mother seems to remain unresolved and to cause her significant sadness. [ 20 ] On December 2, 2015, the biological father recognized the need of protection and agreed to collaborate with the Director of Youth Protection in order to ensure his daughter’s wellbeing. It seems that the mourning of the mother remains unresolved for the father as well. Analysis and decision [ 21 ] The relationship between the youth and her aunt is very good. Mrs A is a very significant person for her.

The youth thinks of her aunt as a maternal figure and the aunt considers the youth as her own daughter. [ 22 ] Despite the difficulties she has encountered with the youth Mrs A is still willing to have her back with her. [ 23 ] Mrs A expects from the youth to obey the rules at her residence, to attend school and to seek counselling for drug addiction.

She disagrees totally with smoking marijuana. [ 24 ] The biological father asks the Court to have contacts with her daughter and she agrees to that. [ 25 ] The evidence is preponderant that the youth needs support for her emotional development and assistance and structure regarding her behavioural issues. She has to deal as well wit the mourning of her mother. The recent events showed that the adolescent’s behaviours challenged Mrs A’s capacities to mentor and monitor her.

The Director of Youth Protection will have to guide them towards the appropriate services in order to help both of them. [ 26 ] The Court concludes that the youth situation is compromised pursuant to sections b) 2° and

f) of

article 38 of the Youth Protection Act . The applicant’s recommendations concerning the applicable measures are reasonable, appropriate and in the youth’s best interest. For these motives the Court: [ 27 ] Grants the motion; [ 28 ] Declares the security or development of X, born on […] 2001, is endangered pursuant to sections b) 2° and

f) of

article 38 of the Youth Protection Act ; [ 29 ] Orders the following measures for a period of 12 months; [ 30 ] Entrusts the youth to her aunt Mrs A.

When Mrs A will receive the foster family accreditation, orders that the youth be entrusted to her as such; [ 31 ] orders that Mrs A reports periodically to the Director of Youth Protection to inform him of her and the youth’s situation; [ 32 ] takes judicial notice of the father’s consent and recommends him to take all the legal steps to ensure that he is acknowledged as the legal father of the youth; [ 33 ] Orders that the contacts between the biological father and the youth be supervised by the Director of Youth Protection as for the modalities.

As for the frequency the contacts will occured according to a calendar that will be made by the Director of Youth Protection with the father’s help. The father will have to provide the Director of Youth Protection with his work

schedule in order to make the calendar; [ 34 ] Orders that a person working for an institution or body provides aid, counselling and assistance to the youth, the biological father and Mrs A; [ 35 ] Orders the youth to attend school on a regular basis; [ 36 ] takes judicial notice of the youth’s consent and Orders her to have a psychological assessment and a follow-up if judged necessary by the psychologist;

[ 37 ] takes judicial notice of the youth’s consent and Orders her to receive a drug addiction assessment by the Centre Normand or any other organism in that field, and to follow all the recommendations from that organism as long as deemed necessary; [ 38 ] Orders that the youth received all the health care that she needs; [ 39 ] takes judicial notice of the youth’s consent and authorizes all professionals involved in the youth’s situation to exchange information with the Director of Youth Protection regarding her security or development; [ 40 ] authorizes Mrs A to take all the decision concerning the youth’s health, schooling, sport and other activities considering that she as the facto the youth’s legal custody; [ 41 ] authorizes the clerk to withdraw the birth certificate from the Court file and to give it to Mrs A; [ 42 ] Orders any police body to collaborate for the purpose of executing this enactment; [ 43 ] Entrusts the situation of the youth 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 Daniel Ouellette, attorney for the youth Date of hearing: December 10, 2015