2018 QCCQ 15964, 2018 QCCQ 15964

Protection de la jeunesse — 185639 2018 QCCQ 15964 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] […] Youth Division No: 650-41-002205-124 DATE: May 29, 2018 ______________________________________________________________________ BY THE HONOURABLE VICKY LAPIERRE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the Director of oyth protection Applicant v.

X, Teenager And A, 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 Court is seized with an application for review and extend pursuant to

section 95 and 75 of the youth protection act. [ 2 ] To support her application, the director of youth protection (DYP) brings to evidence a report written by [Social worker 1], authorized member of her staff, on May 11 th 2018, under D-4. [ 3 ] For the purpose of the application, the security or development of the teenager is considered to be in danger because of a serious risk of neglect as an addiction problem and because of the instability of the mother. The teenager has behaviour disturbances in regard of using drug and alcohol.

She also has struggle dealing with authority. [ 4 ] At the hearing, the mother was absent and according to the proof that was made by the DYP’s lawyer, the Court dispense with service considering exceptional reasons brought to evidence. The teenager, by the regular mandate of his lawyer admits the allegations of the application and agrees to the conclusion sought. [ 5 ] The teenager is actually 15 years old. Since the last Court order in June 14 th 2017, the behaviour disturbances the teenager has to cope with are much more present. She had frequent school absence without valuable reason.

Mrs [Social worker 1] had to intervene considering the fact that X had to attend school on a regularly basis. [ 6 ] The teenager increased her alcohol and drugs consumption. On several occasions, she came to school under the effect of alcohol or drugs. On March 24 th 2018, she was drunk at a point she has to be conducted to the emergency of clinic A for being in a alcohol coma. [ 7 ] Recently, the teenager did participate to a healing session given in the community and her family members could observe the benefits that followed by seeing some changes in the teenager’s behaviour.

Also, a Therapy was proposed to the teenager in a center specialised on drugs and alcohol addiction for youth which is called center A. For now on, she refuses to go. [ 8 ] He has been difficult for the DYP worker to deal with Mrs B considering the fact that she only speaks [language A]. The help of Mr C, the teenager, grandfather was necessary. [ 9 ] The teenager’s behaviour issues make it difficult for Mrs B considering her age and she needs help to structure and supervise the teenager.

She now can count on Mrs D’s help who is living with her. [ 10 ] The DYP worker did not have much contacts with the mother considering she is not offering collaboration. She lives in Town A. The mother had indicated to the DYP worker on random meetings that she would like to be more invested in the teenager’s situation

follow up. However, she missed two subsequent appointments without notice. [ 11 ] Since last year, the teenager did have contacts with the mother. Once, the mother had, at least, drink two beers even if she is aware she cannot be under the effect of alcohol when she has contacts with the teenager.

It is a fact that the mother has the same life style where addiction and instability are still present. [ 12 ] The evidence, especially Mrs [Social worker 1]’s report under D-4, leads to a conclusion that the security or development of the teenager is still considered to be in danger. [ 13 ] It is now in X’s best interest to be entrusted to Mrs B considering especially the fact that she is now receiving help from Mrs D, the whole with other help measures.

WHEREFORE, THE COURT : [ 14 ] GRANTS the present application; [ 15 ] REVISES and EXTENDS the last order dated on June 14, 2017; [ 16 ] DECLARES that the security and the development of the teenager remains in danger; [ 17 ] ENTRUSTS entrusting the teenager to her grandmother’s sister, Mrs. B, for a period of six (6) months; [ 18 ] TAKES NOTE that Mrs. D is leaving with Mrs.

B to help her taking care of the teenager; [ 19 ] ORDERS that the mother stay sober in presence of the teenager; [ 20 ] ORDERS that a person working for an institution or body provides aid, counselling and assistance to the teenager and the teenager’s family for the same period; [ 21 ] ORDERS that the mother report periodically to the Youth Protection social worker to inform her of her situation; [ 22 ] WITHDRAWS certain parental authority’s attributes from the mother and AUTORIZES the Director of Youth Protection or the person designed by her to consent to the health care and services needed, to the schooling and after school activities, cultural and sport activities during the present order; [ 23 ] ENTRUSTS the situation of the teenager to the Director of Youth Protection for the execution of the present order. __________________________________ VICKY LAPIERRE, J.C.Q.

M e Lyne Monger For the applicant Turgeon, Monger, Cormier avocats M e Chantal Gaudreau For the teenager Centre communautaire juridique A Date of hearing: May 29, 2018