2018 QCCQ 20717, 2018 QCCQ 20717

Protection de la jeunesse — 1811511 2018 QCCQ 20717 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-033023-177 DATE : February 2, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2003 Director of Youth Protection A Applicant A Father ______________________________________________________________________ JUDGMENT (Section 38, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to declare that the security or the development of the adolescent is endangered as a result of a serious risk of negligence, physical abuse and psychological ill-treatment. [ 2 ] The Director alleges that both the mother and the putative father have serious substance abuse issues leading to violence in the household and affecting their ability to adequately parent their daughter.

The extent of the difficulties within the family has led to her provisional placement. [ 3 ] Considering that no significant progress has yet been made, the Director is proposing that the adolescent remain in a reception centre until September 15, 2018 along with a social follow up and other corrective measures for a year. [ 4 ] The majority of the allegations are admitted by the mother who consents to the measures. [ 5 ] Through her lawyer, the adolescent admits the allegations pertaining to the state of endangerment.

Although she understands and accepts the reasons for the placement recommendation, she expresses wishing to return home as quickly as possible. [ 6 ] The putative father is undeclared and therefore not a party to these proceedings. The Situation [ 7 ] The Director first intervened following an incident in the family home on February 7, 2017. According to a police report [1] , the putative father (the father) assaulted the mother while both were highly intoxicated. The adolescent awoke in the middle of the incident and attempted to intervene but was punched in the face by her father.

The father was subsequently arrested and removed from the home. [ 8 ] A signalement resulting from this incident led to the conclusion on August 15, 2017 of a voluntary measures agreement [2] essentially providing for a social follow up and the implementation of a safety plan over a period of a year Beyond the substance abuse and violence, the agreement also identifies school attendance as an issue since it was discovered that the adolescent had not attended school during the entire 2016-2017 academic year. [ 9 ] Two days following the signing of the agreement, another incident occurred between the mother and the adolescent.

Having consumed an excessive amount of alcohol, the mother became verbally aggressive towards her daughter. A physical altercation ensued causing the adolescent to fear for her safety. The police were called to intervene. [ 10 ] According to the social worker :

“ The home was observed in a state of disarray and Ms. A appeared to be in a state of intoxication. X reported that her mother made various threats to hit her throughout the night and that she also verbally denigrated and insulted her. [3] ” [ 11 ] The adolescent was originally placed in a foster family on a provisional basis. However, her distress quickly became unmanageable in this setting and a reception centre placement order was subsequently obtained. [ 12 ] Since then, the mother has made few efforts towards improving her personal difficulties and has been unable to maintain abstinence.

She has failed to avail herself of the services offered by the […] Shelter A […] or the […] family wellness program A, both of which address conjugal violence and consumption issues. [ 13 ] On the other hand, the mother has gradually improved her consistency with respect to scheduled meetings and is demonstrating a more open state of mind in relation to the intervention.

She expresses the desire to participate in these services and asserts through her lawyer that she will in fact do so. [ 14 ] Regarding the incident of conjugal violence, it should be noted that the putative father’s criminal conditions were amended to allow contact with both the adolescent and the mother at the latter’s request, although the modalities remain under the Director’s control. [ 15 ] Despite the restrictions imposed by the social worker, it was revealed that the putative father had been at the home during weekend visits and that both parents have consumed alcohol in the adolescent’s presence.

The modalities have since been modified to reduce the risk of non-conformity. [ 16 ] Since her placement, the adolescent is progressing relatively well. She attends school on a regular basis and her results demonstrate an excellent potential. At the centre, she conforms to the program and her behaviour is without issue. Although she was initially uncommunicative, she is gradually opening up to the educators.

Socially, she remains rather isolated and has difficulty interacting with peers. [ 17 ] A psychological and psycho-social assessment [4] concludes that the adolescent is at risk for depression and social stress, citing indicators of anxiety, lack of self-esteem, a potential attention disorder and difficulties with interpersonal relations. Several recommendations are made, the most important of which is individual therapy. Conclusion [ 18 ] The evidence supports the conclusion of endangerment as submitted by the Director.

The parents’ personal issues are severe, long-standing and have had a devastating effect on the adolescent. [ 19 ] The mother’s inability to commit to a treatment plan is of serious concern as is her lack of respect for the conditions imposed by this Court. Her expressions of intent are encouraging but remain insufficient to seriously consider a return home in the short term unless a prolonged period of abstinence can be demonstrated. [ 20 ] The Court recognizes that both the mother and the adolescent are distressed and saddened by their separation.

That being said, the mother is encouraged to focus her efforts in the coming months on the services that she clearly requires, with commitment and purpose. [ 21 ] Considering the admissions of the parties and the information contained in the Court reports filed into evidence, the Court concludes that the security and development of the adolescent is endangered for the reasons alleged by the Director and that the measures proposed serve her best interest. [ 22 ] FOR THESE REASONS, [ 23 ] THE COURT: [ 24 ] GRANTS the motion; [ 25 ] DECLARES that the security and development of the adolescent are endangered as a result of psychological ill-treatment, physical abuse and a risk of negligence; [ 26 ] ORDERS that the adolescent be entrusted to a rehabilitation centre until September 15, 2018 ; [ 27 ] ORDERS that the frequency and modality of contact between the adolescent and her mother be determined by the Director; [ 28 ] ORDERS that the Director ensure that both the mother and the adolescent have a post assessment interview with Diane McLean; [ 29 ] TAKING JUDICIAL NOTICE of the mother’s intend to do so, RECOMMENDS that the mother takes steps to address her personal issues in particular substance abuse rehabilitation and experience of conjugal violence and report her progress to the Director; [ 30 ] ORDERS that the mother ensure that the adolescent is not subjected to any form of physical or verbal abuse or violence and that she is not exposed of any form of conjugal violence; [ 31 ] ORDERS that the adolescent attend school on a daily basis; [ 32 ] RECOMMENDS that the adolescent continue to participate in drama therapy; [ 33 ] ORDERS that the mother refrain from consuming or being under the influence of drugs or alcohol in the presence of the adolescent;

[ 34 ] ORDERS that the mother ensure that the adolescent is not exposed to any adult in her environment who is consuming or under the influence of drugs or alcohol; [ 35 ] TAKING JUDICIAL NOTICE of her agreement to do so, ORDERS that the mother undergo random drug testing at the request of the Director; [ 36 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and her family; [ 37 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 38 ] THE WHOLE for a period of one year.

SIGNED IN TOWN A On February 27, 2018 __________________________________ KAREN OHAYON, J.C.Q. Me Sym Davis Attorney for the D.Y.P. Me Luce James Attorney for the adolescent Me Guy-Luc Grondin Attorney for the mother Dates of hearing: October 4, 2017 and February 2, 2018 KO/lf