2022 QCCQ 14349, 2022 QCCQ 14349

Protection de la jeunesse — 229050 2022 QCCQ 14349 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002595-210 DATE: July 28, 2022 (written judgment rendered on September 28, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2009 [SOCIAL WORKER 1] & [SOCIAL WORKER 2], Youth Protection workers, duly authorized by the Director of Youth Protection A Applicants and A Mother ______________________________________________________________________ JUDGMENT (Section 95 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to prolong a decision rendered on September 8, 2021, regarding the adolescent X, born on [...], 2009. At that date the Court declared the security and development endangered and entrusted the adolescent to a kinship foster family, namely the maternal grandmother, Ms.

B, until April 8, 2022. [ 2 ] The DYP submits that the situation does not allow to return the youth to his mother and asks that he be entrusted to a rehabilitation centre, until December 31, 2022, maximum and gradually reintegrated under the care of the mother or the maternal grandparents as soon as the situation allows it, the whole until July 31, 2023. Position of the Parties [ 3 ] The mother is present and represented by Me Michaël Pereira. She recognizes that the security and development of her child are still endangered and also endangered under

section 38 (

f) and she agrees with the measures. [ 4 ] The youth is 13 years old. He is absent, but represented by Me Cassandra Neptune. He recognizes that his security and development are still endangered, but he has no position about the

section 38 (f). He disagrees with the measures and asks to return immediately with his family. [ 5 ] The child has siblings Y (11 ½

y) and Z (21 m). The Court is also seized with their situations. History of the Situation [ 6 ] On September 8, 2021 , the situation of the youth was submitted to the Court. He was 12 years old. The mother displayed alcohol consumption issues, and she consumes in front of her children. In January 2021, the children had been entrusted to their maternal grandmother on voluntary measures. X was frustrated due to his mother’s consumption and while his mother was drunk, an altercation happened between both.

The mother was conscious about her issues and the impact on her children, but did not take any steps to address her issues. The Court declared that the security and development of the child were endangered [1] and entrusted him to the kinship foster family of the maternal grandparents, the whole until April 8, 2022. [ 7 ] X On May 25, 2022 , the Court was seized with an application for provisional measures and entrusted the youth to a rehabilitation centre. Facts [ 8 ] Following the last decision, X remained entrusted to his maternal grandparents.

In March 2022, the grandparents came at the DYP office to disclose their concerns about the youth. Indeed, X started to displays aggressive behaviours and made threats against his grandfather particularly when he sees his mother under the influence of alcohol. [ 9 ] The DYP worked with the grandparents and with the maternal aunt who accepted to foster X for a few days when it happened, to help to avoid the youth to witness his mother intoxicated.

[ 10 ] As no positive evolution was noted, the grandparents came back a few days after and requested a placement in a rehabilitation centre. The DYP organized a meeting with the family, but the mother did not present herself as she was too intoxicated. It was also reported that the youth did not attend school regularly because of his health conditions regarding his knees. This medical condition requires medical appointments in Town B every 3 weeks. [ 11 ] In April, the grandparents met again the DYP regarding the school attendance and the youth’s refusal to do his homeschooling.

A few days later, they called the DYP worker saying that the youth had locked himself in the bathroom displays suicidal ideation. [ 12 ] The Social Services intervene immediately. The DYP took an immediate protective measure and entrusted the youth to the Town C Group Home. [ 13 ] Since he is there, he has been stable. He adapted well to his new environment, and he respects the rules. The mother and maternal grandparents call him every week. [ 14 ] The mother is living with her parents in Town A. Doing so, she lives under the same roof of her children.

She has a good relationship with her children and with her parents. She is struggling with her alcohol consumption. She does not consume in her children’s presence as she is not allowed to consume at the grandparents’ place. She tries to reduce her alcohol consumption by herself which she recognized being very difficult. X does not see her consuming, but he sees her under the influence. [ 15 ] Considering the positive evolution, the DYP is thinking of organizing home visits shortly.

The objective will be to see how the youth will react, if he follows the rules and particularly how he will react in the presence of his mother. The mother on her side will have to make sure to remain sober in his presence to avoid any negative reaction. [ 16 ] The DYP considers being able to proceed with a reintegration by the end of the year 2022. A plan will be prepared for the reintegration.

The DYP cannot offer the services of an external educator as no one is available is the village of Town A. [ 17 ] After the first visit, if everything goes well, the DYP would like to transfer him to a less structured Group Home to reduce progressively the supervision, waiting for the reintegration to happen. Also, the DYP would like to implement a good routine at school to make sure that he will go, even after being reintegrated.

Moreover, this Group Home is located in Town B which makes the travelling easier. [ 18 ] During the hearing, the DYP worker was made aware that X does not want to go to the Group Home in Town B and would prefer to remain in the Group Home in Town C. Knowing this new information, the DYP confirms that she will consider his desire, but at the end the decision will be taken by Access Town D.

The DYP worker considers that if the youth refuses to go in Town B, forcing him to go, could be detrimental and would jeopardize the progress that he made. [ 19 ] The DYP worker asserts that the reintegration will not delay as long as X is able to properly react to the difficult situation and able to use the tools he learned at the rehabilitation centre. Doing so, the reintegration will be done if X is ready and no matter what the mother is able or not to reduce her consumption.

Analysis [ 20 ] The situation of the youth continues to be endangered due to the mother’s alcohol consumption as admitted by the parties. X reacted strongly when he see his mother under the influence and while consuming. He also has a school attendance issue. While not going to school, X is badly influenced by other youths. [ 21 ] During that time, the grandparents were and continue to be very supportive for their grandchildren. The children are very lucky to be so well surrounded.

If the grandparents would not be there, those children would have to be entrusted to foster family and they would probably be entrusted to different foster families. [ 22 ] Due to the seriousness of his behaviour, X had to be entrusted to a rehabilitation centre. He adapted well, but he started to open up with the educator only recently. It is important to be precocious in the situation and to act slowly to avoid any failure in the reintegration process.

The delay suggested by the DYP (December 31, 2022) is adapted to the situation as he will continue to receive services and will be able to implement the schooling routine. [ 23 ] During that time, the mother has an important work to do on herself and first she has to realize where her consumption brought her son. The youth is suffering a lot when he sees his mother consuming and the mother has to understand that it is important and urgent for her to seriously address her issues. [ 24 ] The grandparents are ready to have their grandson back under their care after the placement.

They did not hesitate to ask for help when they needed and the Court is convinced that they will do the same if they need help in the future. [ 25 ] The Court insists on the fact that the situation of the mother should not be a reason to prevent the reintegration as long as the youth is ready for it. The placement in a rehabilitation centre is a serious measures and has to be a temporary one.

The youth should not be punished for the fact that the mother would not have fully addressed her issues. [ 26 ] If a difficulty remained on the mother’s side by the end of December, a solution will have to be found for her to live somewhere else to ensure the success of the reintegration, the safety of the grandparents and the youngest children. [ 27 ] The Court has the evidence that the interest of the child impose that he remain in the rehabilitation centre of Town C and that it would be detrimental to move him to the one of Town B. Doing so, the Court will order that he be entrusted in Town C specifically.

FOR THOSE REASONS, THE COURT:

[ 28 ] GRANTS the application; [ 29 ] DECLARES that the security and development of the adolescent X, born on [...], 2009, are still endangered; [ 30 ] DECLARES that the security and development of the adolescent X, born on [...], 2009, are also endangered under

section 38 (

f) of the Youth Protection Act ; [ 31 ] ORDERS that the youth be entrusted to the Town C rehabilitation centre until December 31, 2022, maximum; [ 32 ] ORDERS that the youth be gradually reintegrated under the care of the mother or to his maternal grandparents as soon as the situation allows it; [ 33 ] ORDERS that the youth attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 34 ] ORDERS the Director of Youth Protection to make sure that all the measures are put in place to facilitate the integration at school in Town A, and to ensure a good attendance until the end of the school year; [ 35 ] ORDERS that the contacts between the youth, his mother and his grandparents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 36 ] ORDERS that the youth and the mother take an active

part in the application of the measures ordered by the Court; [ 37 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 38 ] ORDERS that the mother remain sober in the presence of the youth; [ 39 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the youth and the family; [ 40 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 41 ] THE WHOLE until July 31, 2023. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Justine Carli, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Me Michaël Pereira, attorney for the mother Date of hearing: July 28, 2022