2019 QCCQ 15733, 2019 QCCQ 15733

Protection de la jeunesse — 194994 2019 QCCQ 15733 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [ … ] TOWN OF [ … ] Youth Division No: 635-41-000921-186 DATE: January 15, 2019 (written judgment rendered on June 17, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [ … ] , 2004 [ SOCIAL WORKER 1 ] , Youth Protection worker, duly authorized by the Director of Youth Protection A, working in Town A, district A Applicant and A, deceased Mother ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ 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 declare that the security and development of the youth X, born on [ … ] , 2004, are in danger under

section 38 (b) (1) iii., (b) (2), and (f) [1] of the Youth Protection Act . [ 2 ] On October 31, 2018, the mother passed away. Before dying the mother requested that X be entrusted under the care of his biological mother, Ms. B. She is present at the hearing, but not represented. She admits most of the allegations, and she agrees with the measures. [ 3 ] The Court is also seized with the application of the youngest child of Y who is 7 years old. [ 4 ] X who is 15 years old is present and represented by Me Martineau. He admits some of the allegations, and he agrees with the measures.

Facts [ 5 ] During the sickness of his adoptive mother, mostly hospitalized in Town B, X was living with his biological mother and biological aunt and uncles. He was not going to school regularly, and was very affected by the situation of his mother. [ 6 ] His biological mother is struggling with alcohol consumption issues and X strongly react when she consumes. Physical altercations occurred between both, which required the police intervention. During some events X was displaying suicidal ideation and was evaluated at the hospital.

The doctor considers its not suicidal thoughts, but reaction against his biological mother consumption. Even if the adolescent does not appreciate the fact that his biological mother consume, he prefers to stay close to her to make sure everything goes well. [ 7 ] As X was not going to school regularly, he stays outside late and sleep during the day.

During the nights, many community members express being disturbed by X who drives 4 wheelers very fast. [ 8 ] Aggressiveness events also occurred at school and during her sickness, the mother was contacted in Town B to let her know that if the situation does not stabilize, X will have to be entrusted to a rehabilitation centre. At that time, X was already taken care by his biological mother, but as she works at [ … ] Mines for periods of two weeks, he was out of supervision during those two weeks.

The mother made some steps and obtain more collaboration with her children to ensure supervision to X. [ 9 ] The biological mother recognizes that X missed a lot of school. In January, she imposed some rules and routine, and X is now going to school regularly. [ 10 ] She also admits having been aggressive with X and his sister while being intoxicated. She recognizes the impact of this consumption on her children. She requested for help from the Social Services, and they help her to find a treatment centre. She will entrust [center A] on February 26, 2019, for a six-week treatment.

[ 11 ] During this period, she made arrangements with her sister C to take care of X and his sister. Analysis [ 12 ] The family situation was unstable for a while because of her sickness and the death of the adoptive mother. During that time, X was left alone most of the time. [ 13 ] The biological mother, with whom he has a good relationship, is working in Town C for periods of two weeks and when she is in Town A she consumes a lot.

X is very affected by the situation and react strongly. [ 14 ] The situation seems to stabilize since a few weeks, as all family members help X and his biological mother to cope with the situation.

The biological mother is registered for a treatment centre in February, and since January the adolescent is going to school regularly. [ 15 ] The evidence convinces the Court that the situation of X is in danger for the alleged motives. [ 16 ] Regarding the measures, the Court also considers that the best interest of the adolescent requires that he stay with his biological mother and all services be put in place to support this family in a way to help the biological mother to totally assume her parental role.

FOR THOSE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and development of the youth X, born on [ … ] , 2004, are in danger under

section 38 (b) (1) iii., (b) (2), and (

f) of the Youth Protection Act ; [ 19 ] ORDERS that the youth be entrusted to Ms. B (biological mother); [ 20 ] ORDERS that Ms. B report periodically to the Director of Youth Protection on the measures she applies in her own regard or in the youth’s regard to put an end to the situation in which the security and development of the youth are in danger; [ 21 ] ORDERS that the youth and Ms. B take an active

part in the application of the measures ordered by the Court; [ 22 ] ORDERS that Ms. B remain sober in the presence of the youth; [ 23 ] Considering the consent of Ms. B, ORDERS that Ms. B seek help through the Social Services concerning her alcohol, drug and personal issues, and that she entrusts a treatment centre; [ 24 ] TAKES ACKNOWLEDGE that Ms. B will entrust the Treatment Center A on February 26, 2019; [ 25 ] ORDERS that the youth attend school or another place of learning or participates in a program geared to developing skills and autonomy; [ 26 ] ORDERS that the youth and Ms.

B receive the services of an external educator and that a routine and rules be discussed and set out between Ms. B and the external educator in the way to ensure the schooling, curfew, and any other aspect the educator will consider relevant; [ 27 ] ORDERS that C, Ms. B’s sister, be aware that she could benefit from the services of an external educator if she wishes; [ 28 ] ORDERS to Ms. B to inform the Director of Youth Protection about the date she leaves for work and the date she planes to be back; [ 29 ] ORDERS to Ms.

B to communicate to the Director of Youth Protection the name of the family member who will take care of the youth during her absence, if it’s not C; [ 30 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the youth and the youth’s family including unannounced visits at Ms. B’s place; [ 31 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 32 ] THE WHOLE until December 31, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Isabelle Martineau, attorney for the youth Date of hearing: January 15, 2019