2018 QCCQ 16775, 2018 QCCQ 16775

Protection de la jeunesse — 187380 JL2340 2018 QCCQ 16775 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos: 640- 41 -002192-182 and 640-41-002190-186 DATE: October 19, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2004 Y, born on [...] 2009 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A working in [...] Applicant and A , residing and domiciled House [...] Mother and B , deceased ______________________________________________________________________ JUDGMENT RECTIFIED (Sections 38, 75 and 91 Y.P.A., R.S.Q. c.

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 ] The Director of Youth Protection submits two applications asking the Court to declare the security and development of X, 13 years and Y, 9 years old, in danger because their parents fail to provide them the appropriate supervision or support and because they at risk of being neglected by their parents. (Section 38 b (iii) and e

(2) Y.P.A. [ 2 ] The mother is present at the hearing, assisted by the Angèle Tommasel. Me Cassandra Neptune represents the children and Me Sarah Bourgeois-Lessard the applicant, Mrs [Social Worker 1]. The children’s father is deceased. [ 3 ] The mother admits all the allegations and agrees with the recommendations included in the social report. The oldest child, X, admits few allegations and disagrees with the recommendations of her placement in a Reception Center for one year. Y admits few allegations and agrees with all the recommendations. [ 4 ] The evidence reveals the following facts.

[ 5 ] The mother displays alcohol related problems and personal issues. She is receiving services since July 28, 2016 following the signature of voluntary measures. [ 6 ] On February 19, 2018, the Director was informed that X was scared of the mother. On June 8, 2018, the Director was informed that X was involved in a relationship with an adult and was victim of conjugal violence.

The same day, the Director was informed by the grandparents that Y was in Town A with hir mother, because he was injured while playing hockey and that he was scared as he was left alone by his mother at the hospital. [ 7 ] The grandparents and X also disclosed to the Director that the mother displays alcohol related problems and might be violent when she is intoxicated. When met, she mother admitted to have left her child alone at the hospital and went to drink. She also declared that X was not listening the rules, was not attending school and was consuming drugs and alcohol.

The youth admitted such behaviour problems when she was met later the same day. [ 8 ] On June 14, 2018, the mother signed voluntary measures and X was entrusted to a rehabilitation centre. [ 9 ] During her placement, the educator observed that X had a lot of difficulties to follow a routine, and always needed to be reminded of every step. [ 10 ] Those children were exposed a lot to consumptions, abuses and violence with their mother. Since the father’s death, the grandparents support them a lot when the mother is not adequate. But they were unable to protect X over the last months. They are worried for her.

They do not approve the relationship of X with her boyfriend. [ 11 ] The children are vulnerable and need to be supervised and protected. The mother and grandparents are unable to protect X but the mother can control the youngest child Y, with support. [ 12 ] The Director recommends that Y remains with his mother and acknowledges that even if his situation was known by the Director and that voluntary measures were signed, he did not receive all the services he was entitled to receive.

Because of the grandparents involvement and the motivation of the mother, the Director supports that this child remains with the mother, as long as the mother takes all the necessary steps to improve her situation. [ 13 ] The Court considers that it is a last opportunity given to the mother to seek for services and to make significant changes. She already has two other teens entrusted to rehabilitation centre and she receives some services for 2 years without significant changes. [ 14 ] The Director cannot let the situation of Y deteriorated as it occurred for X.

He must intervene, provide services and be in control of the children’s situation. A plan of services must be provided and if it is not respected, he must come back in revision.

Leniency is not acceptable anymore. [ 15 ] Given the admissions made by the mother and the children. [ 16 ] Given the evidence provided. [ 17 ] CONSEQUENTLY, THE COURT: [ 18 ] DECLARES that the security and development of X and Y are in danger because they are neglected by their mother and because they are at risk of being neglected; [ 19 ] ENTRUST X to a readaptation Centre for until July 31, 2019; [ 20 ] PROHIBITS X to be in contact will C; [ 21 ] MAINTAINS Y with his mother; [ 22 ] ORDERS both children to attend school regularly to meet and to collaborate with the social worker; [ 23 ] ORDERS the mother to seek services for her alcohol consumption and personal issues; [ 24 ] ORDERS the mother to remain sober in the presence of the children; [ 25 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the mother and the children for a period of one year, until July 31, 2019; [ 26 ] ORDERS the Director of Youth Protection to provide the child Y the services of an external educator; [ 27 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 28 ] ENTRUSTS the children situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Sarah Bourgeois-Lessard Attorney for the applicant

Me Angèle Tommasel Attorney for the mother Me Cassandra Neptune Attorney for the children Date of hearing: July 25, 2018