2017 QCCQ 8976, 2017 QCCQ 8976

Protection de la jeunesse — 173220 2017 QCCQ 8976 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31711-161 Date: April 19, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2004 [Social Worker 1] , duly authorized by the Director of Youth Protection A Youth and Family Centres Applicant -and- A , the mother The parents -and- B , Party JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) JD2620 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 Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of April 19, 2017, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection A Youth and Family Centres filed an Amended Motion to declare that the security or the development of a child is in danger in the case of X , a twelve year-old child, based on her serious behavioural disturbances and the neglect to which she is exposed. [ 3 ] The Court was also presented with a similar motion regarding the child’s sibling whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the amended motion dated April 11, 2017 are as follows: 3.1. the parent does not meet the child’s basic needs in failing to provide the child with the appropriate supervision of support, or failing to take the necessary steps to provide the child with schooling, more particularly but not restrictively in that:

a) the child is the subject of an agreement under voluntary measures due to instability on the part of the mother, as it appears more fully from said agreements filed herein;

b) the mother has a long history of substance abuse, more particularly alcohol and marijuana;

c) the mother continues to smoke marijuana three (3) times a day and contends that she functions better when using marijuana;

d) the mother consumes alcohol on occasion, particularly when she has an argument with her live-in boyfriend, B;

e) the child has missed the first three (3) weeks of school as she was travelling with the mother; 3.2. the child is seriously and repeatedly subjected to behaviour on the part of her parents that could cause her harm and the child’s

parents fail to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) the mother and her boyfriend argue frequently, during said arguments he denigrates the mother and X, in presence of the child;

b) the mother has expressed the willingness to collaborate with Social Services however Mr. B is preventing the mother from collaborating;

c) the mother is financially and emotionally dependent on Mr. B and does not want to contradict him or his directive of not allowing Social Services access to the home;

d) on October 6, 2016, Mr. B presented himself to the delegate’s office threatening and notified the delegate that he is no longer allowed to see the children or visit the home and attempts to reach the mother since have been unsuccessful; 3.3. the child has serious behavioural disturbances and the parent fails to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) the child presents challenging behaviours at home and in her previous school;

b) the child is defiant toward authority;

c) the child presented self-harming behaviours;

d) there are significant conflicts between the child and Mr. B;

e) the child is fearful of Mr. B and fears her mother cannot protect her;

f) the child had school attendance issues in elementary school (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child be entrusted to a rehabilitation center for a period of six months, with a gradual reintegration to her mother’s care after three months, with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 6 ] The mother, assisted by Me Cloutier, admitted all the facts alleged in support of the motion and expressed her consent to all the proposed measures. [ 7 ] The child's father is not declared on her birth certificate. [ 8 ] The mother’s partner, Mr.

B, is considered by the family to be the child’s psychological father. The Court granted him the status of party to the hearing, with the consent of all the other parties.

He was assisted by Me Tourigny and consented to all the proposed measures. [ 9 ] The child, assisted by Me Benoit, also consented to the proposed measures. [ 10 ] The Director filed Exhibits D-1 to D-6 as evidence: D-1: Birth Certificate; D-2: Orientation report, signed by [Social Worker 2], dated April 11, 2016; D-3: Agreement on voluntary measures signed by the mother on April 11, 2016; D-4: Court report, signed by [Social Worker 3], dated December 1, 2016; D-5: En liasse, School report card and attendance record concerning the child for the school year 2015-2016 and 2016-2017; D-6: Addendum, signed by [Social Worker 1], dated April 7, 2017. [ 11 ] In

summary, the allegations are generally admitted and the parties are in agreement with the proposed measures. [ 12 ] Moreover, the family’s situation has improved significantly since the Director of Youth Protection’s initial involvement. [ 13 ] The parents have adopted a much more collaborative approach with the new worker and appear committed to taking steps to remain sober and act as positive role models for the child: [Mr. B] also stated that he will keep his home alcohol-free. He identified that he wanted to demonstrate to Ms. A that he will be supportive with her sobriety by remaining sober himself.

As for Ms. A, in response to the incident, she quickly began her employment search, met with an Addictions Counsellor at the [Center A], and began an eight week addictions course at the Native Friendship Centre B. She has regular contact with Ms. [Social Worker 4] (Family Support Worker) at the [Center A]. [2] [ 14 ] Recent events have brought the parents to acknowledge the negative impact of their choices on their child: On February 24 th 2017, the undersigned met X at A High School. Ms. C (Vice-Principal, A Secondary School) approached the undersigned and expressed concern about X’s on-going marijuana use .

X was suspended from school for smoking marijuana during

lunch break and sharing it with her friends. X admitted to stealing this marijuana from her mother , without Ms. A’s knowledge. Ms. [Social Worker 1] spoke to Ms. A previous to this incident, Ms. A stated that it was her alcohol use that appeared to have impacts on her parenting. However, with this information the marijuana use now has a direct impact on X . Through regular processing with Ms.

A, she has accepted responsibility and has stated that she will take the necessary measures including abstaining from marijuana use to help X [3] (emphasis added). [ 15 ] Both parents have also begun couple counselling. [ 16 ] The gravity of recent incidents cannot be minimized.

More particularly, on March 14, 2017, the child was rushed to the Montreal Children’s Hospital after losing consciousness as a result of excessive alcohol consumption. [ 17 ] The seriousness of her substance abuse led her to be admitted to the in-patient treatment program at Portage. [ 18 ] Her strengths and challenges are summarized as follows: X is an expressive, engaging twelve year old who is developing self-reflexivity and emotional regulation. She is closely bonded to her sister Maureen and takes great pride in her role as a loving big sister.

Despite her substance use, X has shown academic potential and is an engaged student in many of her classes. X’s main difficulties is her ability to identify consequences to her actions and lacks understanding of risks surrounding her daily marijuana use. She is also an Inuk adolescent that is trying to struggle with the freedom she feels entitled to versus the reality that she is a twelve year old child that needs supervision and boundaries. Her marijuana use indicates the need for increased supports around the development of decision making, impulse control, peer pressure, and sobriety.

The undersigned hopes that X will benefit from the Portage program and gain new insight on how to live a positive, healthy life. [4] [ 19 ] She is strongly encouraged to persevere in her efforts and the parents appear to have gained a better understanding of the ways in which they can support her, including by addressing their own substance abuse. [ 20 ] They are also strongly encouraged to continue in their efforts. [ 21 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well- founded and that the measures are in the child's interest.

THEREFORE, THE COURT: [ 22 ] GRANTS the motion; [ 23 ] DECLARES that the security and the development of the child, X , are in danger under sections 38 (b) (1) (iii) and 38 (

f) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 24 ] ORDERS that the child remain entrusted to a rehabilitation center for a period six months TAKING JUDICIAL NOTICE that she is receiving inpatient services at Portage; [ 25 ] AUTHORIZES a gradual reintegration to the care of her mother in three months, if the situation allows; [ 26 ] ORDERS that the child receive support services once the inpatient services at Portage are terminated (i.e.

Portage Outpatient services), and RECOMMENDS that she undergo random drug/alcohol testing at the discretion of the Director of Youth Protection; [ 27 ] ORDERS that the child not be exposed to any form of verbal, physical, or psychological violence, including the use of threats and denigration; [ 28 ] ORDERS the mother to remain sober at all times in the child’s presence; [ 29 ] STRONGLY RECOMMENDS that the mother continue to receive services (i.e. [Center A]) to address her substance abuse and personal issues, TAKING JUDICIAL NOTICE that the mother and Mr.

B are in agreement to participate in couple’s therapy; [ 30 ] RECOMMENDS that Mr. B participate in an anger management course; [ 31 ] ORDERS that a person working for A Youth and Family Centres provide aid, counsel and assistance to the child and her family; [ 32 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A Youth and Family Centres, who shall then see that the measures are carried out; [ 33 ] AUTHORIZES the execution of the present order by any peace officer, if necessary; [ 34 ] THE WHOLE for a period of nine months.

TAYA DI PIETRO, Q.C.J. Me Myriam De Blois Attorney for the Director of Youth Protection Me Christian Benoit Attorney for the child Me Francis Cloutier Attorney for the mother Me Marie-Ève Tourigny Attorney for the psychological father TD/vl