2018 QCCQ 16631, 2018 QCCQ 16631

Protection de la jeunesse — 187181 2018 QCCQ 16631 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000116-162 DATE: August 30, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2005 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (Section 95, Youth Protection Act , CQLR, P-34.1) ______________________________________________________________________ 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 ] Mrs. [Social Worker 1], delegate of the Director of Youth Protection A, submits to the Court a motion asking to review and extend the measures ordered on July 27, 2017, by Honourable Lucille Chabot concerning the situation of X, 13 years old. She asks for the child’s placement in a foster family for a period of one year with various measures. [ 2 ] At the hearing, the mother is present and assisted by Mtre. Michel Grenier. Mtre.

Marie-Josée Ayoub represents the father, who is detained. Mtre Yan Massé represents the child and Mtre. Adélia Ferreira, the applicant. [ 3 ] The mother and the child admit all the allegations of the petition and agree with the recommendations, but they ask for a placement in foster home of nine months instead of the twelve months recommended by the social worker. [ 4 ] The father admits few allegations and agree partly with the recommendations as long as the child be reintegrated with him when he will be released, in few weeks. [ 5 ] The social worker testifies and her revision report is filed.

The mother and the child testify also to support their request concerning the duration of the placement. [ 6 ] Evidence reveals the following facts. The parents have not made changes in their situation and have not dealt with the issues that led to Youth Protection. The parents still consume drugs and alcohol. The father is incarcerated since June 2018 with regards to an aggression against the mother, in 2017. The parents did not attend treatment nor couple therapy.

The parents are not in position to resume care of the child. [ 7 ] The child was changed of foster family at the beginning of April 2018 with her sister, because the foster mother could not continue to take care of them. The child recently manifested that she did not want to remain in the foster home, not feeling comfortable. [ 8 ] Over the last year, the mother was hospitalized and transported urgently in City B approximatively seven times because of suicidal ideations and/or excessive consumption of alcohol. Last time it occurred was last August 12.

When the social worker learned about this last event, she amended her recommendations and asked for a twelve month’s placement instead of nine months. [ 9 ] The social worker does not believe that the mother is able to attend therapy, to work on her marital conflicts and to stabilise her way of life before a year. She attended therapies in the past, but relapsed. She needs to work on her personal issues, her consumption, her marital relationship and finally increase her parental skills. It’s not with few meetings as she had, she will achieve significant changes.

[ 10 ] The father wishes to have his daughter when he will be released. He certainly quit drinking during his detention, but he needs to maintain his sobriety in the community. He also has personal issues to work on and to develop his parental capacities. [ 11 ] He met a therapist before and in detention. He must informed the social worker and allowed her to have report of those interventions. [ 12 ] This child is entitled to have mature parents to take care of her. She is vulnerable and still wait for them.

She loves her parents and wishes to live with them. [ 13 ] As the foster family will be her grandmother, the child will be closed of them. The grandmother accepts to take her back, knowing that the mother wants that the child remains in the community. [ 14 ] The Court considers that the position of the mother and the child might be realistic if the mother get involved right now in therapies and treatment and it also applies to the father.

Nine months can be sufficient to evaluate their honesty and their sincerity, because otherwise the Director of Youth Protection will have to request a long term placement according to the Youth Protection Act . [1] [ 15 ] The Court recommends that therapists, psychiatrists and psychologists’ follow-up be scheduled rapidly and that the meetings be regular and intensive. A plan of intervention with all the skills and

schedule should be prepared and a copy given to the parents. The parents will know what they have to achieve and be well aware of the delays.

FOR THESE MOTIVES, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of X are still in danger; [ 18 ] ORDERS her placement in a foster family for a period of nine months; [ 19 ] RECOMMENDS that the foster family be the one of the grandmother as long as she collaborates with the social worker; [ 20 ] ORDERS the parents to seek help for their personal issues, especially anger management problem for the father; [ 21 ] ORDERS the mother to attend a treatment center and complete the therapy concerning problems of drugs and alcohol; [ 22 ] ORDERS the father beneficiate of a follow-up with the [Center A] worker; [ 23 ] ORDERS the parent to authorize the Director of Youth Protection to obtain and share information with services providers in order to have information on the improvement of their situation; [ 24 ] RECOMMENDS the Director of Youth Protection to support the parents in such way that regular and intensive therapies be available to them; [ 25 ] ORDERS that the child be followed by a therapist for her personal issues and ORDERS her to attend school regularly; [ 26 ] AUTHORIZES the Director of Youth Protection to do random checks at home to check for the safety and well-being of the child when she will visit them and when reintegrated; [ 27 ] ORDERS the Director of Youth Protection to supervise the visits between the child and her parents as for the frequency, duration, modalities; [ 28 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and her parents for a period of twelve months; [ 29 ] ORDERS the police to the execution of the enactment; [ 30 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Mtre. Adelia Ferreira Attorney for the applicant Mtre. Yan Massé Attorney for the child Mtre. Michel Grenier Attorney for the mother Mtre. Marie-Josée Ayoub

Attorney for the father Date of hearing: August 23, 2018