2013 QCCQ 13066, 2013 QCCQ 13066

Protection de la jeunesse — 134309 2013 QCCQ 13066 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41-000510-138 DATE: September 27, 2013 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER1], youth protection worker, duly authorized by the Director of Youth Protection of A C.Y.P.C., working in A City Applicant -and- X, residing and domiciled in A City, province of Québec, district A Child -and- A, residing and domiciled in A City, province of Québec, district A Mother -and- B, residing and domiciled in A City, province of Québec, district A Interested party ______________________________________________________________________ JUDGMENT ( Sections 38 and 75 , Youth Protection Act, R.S.Q c.

P-34.1 ) ______________________________________________________________________ [ 1 ] The Court is seized of a motion under Sections 38 and 75 of the Youth Protection Act concerning X, born on […], 1997. [ 2 ] At the hearing, the youth is absent but represented by M e Myriame Gaudreault. Ms. A and Mr. B are both present and represented by their respective lawyer. [ 3 ] The applicant is recommending to the Court that the youth be entrusted to a foster home for a period of six (6) months with the possibility of a progressive reintegration if the situation allows it, with other measures including that Mr.

B accept to receive a psychological evaluation. All the parties agree with the recommendations. [ 4 ] On September 18, 2013, it was reported to the Youth Protection services that the youth had been physically abused by her older sister. Even though the mother was aware of the situation and disciplined her older daughter, it seems that the abuses continued. Finally, the youth reconciled with her older sister and the file was closed. [ 5 ] Around the same time, the situation of the youth’s younger brother, X, was evaluated. He was 7-years-old.

During the course of the evaluation, Youth Protection learned that the mother and Mr. B had alcohol related problems and that Mr. B was displaying anger management issues towards his wife and, mostly, his son X. [ 6 ] In January 2013, Mr. B assaulted the mother while he was intoxicated. He was arrested and detained. He was released on or about April 1, 2013 and was to return to live with the mother. [ 7 ] While Mr. B was detained, the police had to intervene at the mother’s house on March 22, 2013 as there was a highly intoxicated man in the house while the youth’s brother was present. The mother was absent.

When she came back later on, she was highly intoxicated. [ 8 ] The mother and Mr. B have been in a relationship for over 17 years. Both have struggled with alcohol problems. They have searched help from AA meetings in the past and both have attended different therapies. [ 9 ] The mother states that, when Mr. B drinks, he can be very violent, that she gets very scared of him and that is why she never asked him to leave the house. The mother is confused in her relationship with Mr. B. When he is in prison, she seems to gain courage and the will to leave him.

When he is released from prison, she accepts that he comes back and lives with her and her children.

[ 10 ] The youth was placed under six emergency measures since 2005 as well as one provisional agreement of foster care in 2009. Because of the situation of the mother and the interested party, the youth has been entrusted to her maternal aunt, C, who resides in B City since April 2, 2013. She has returned to school. An intervention was, however, quickly needed from the Youth Protection worker as the youth was disturbing the classroom and inciting other students to skip class.

Work was also done with the maternal aunt in order for the youth to be given a structure, notably a curfew. [ 11 ] The youth is presently dating a man of 20-years-old who was just sentenced to 2 years of imprisonment following a conviction for sexual assaults. The youth continues to have phone contacts with him. Youth Protection was also informed that the youth would either be dating or forced to date another man of 23-years-old from B City who has priors of sexual assault and assault on minors. [ 12 ] The youth needs to be in a secure environment to protect her from herself and from others.

At her age, she is highly vulnerable. Presently, this cannot be provided by the mother and Mr. B unless they rapidly take the necessary steps to improve their situation. It is important that they actively participate in meetings from diverse resources for their alcohol abuse and for Mr. B’s anger management, and then get involved in a follow-up. [ 13 ] The situation of the youth is in danger and that it is in her best interest that she be placed in a foster home for a period of six (6) months .

CONSIDERING THE ADMISSIONS AND THE EVIDENCE, THE COURT: GRANTS the motion; ORDERS that X, born on […], 1997, remain in foster care for a period of six (6) months with reintegration with the mother and the interested party as soon as possible; ORDERS that the contacts between the youth and her mother and the interested party be under supervision of the Director of Youth Protection in terms of frequency and modalities, notably concerning overnight visits; ORDERS that a person working for an establishment or organization provide aid, counsel and assistance to the youth and her family for a period of nine (9) months; ORDERS that the interested party be assessed by a psychologist; ORDERS that the mother and the interested party be sober in the presence of the youth; ORDERS that the mother and the interested party collaborate with the Director of Youth Protection and that they take an active part of the measures ordered; RECOMMENDS that the mother and the interested party choose a resource for their alcohol issues; RECOMMENDS that the interested party choose a resource for his anger management; ENTRUSTS the situation of the youth to the Director of Youth Protection of A C.Y.P.C, who shall see that the measures are carried out; ORDERS the police to collaborate in the execution the enactment. __________________________________ Marc E.

Grimard, J.C.Q. M e Gabriel Gaudreault Counsel for the applicant M e Myriame Gaudreault Counsel for the child M e Angèle Tommasel Counsel for the mother M e Marie-Claude De Gagné Counsel for the interested party Date of hearing: July 18, 2013