2018 QCCQ 10733, 2018 QCCQ 10733

Protection de la jeunesse — 181043 2018 QCCQ 10733 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31711-161 Date: January 10, 2018 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 of the Centre intégré universitaire de santé et de services A Applicant -and- A , the mother The parent -and- B , Party JUDGMENT Sections 95 and 95.1 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 January 10, 2018, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision and extension of an order rendered by the undersigned, on April 19, 2017, whereby the now thirteen year-old child, X , was entrusted to a rehabilitation center for a period six months with a possible reintegration to the care of her mother after three months, with aid, counsel and assistance, for a period of nine months. [ 3 ] The Court was also presented with a similar application regarding the child’s sibling whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the Application for revision and extension dated October 27, 2017, are as follows: 3.1. the youth entered [Centre A] after the last hearing but on April 23, 2017, she ran away from the centre; 3.2. from April 23, 2017 until May 1, 2017, the youth resided at A Group Home; 3.3. from May 1, 2017 until July 21, 2017, the youth resided and completed the [Centre A] program successfully; 3.4. the youth spent part of the Summer 2017 at camp and subsequently went to City A for the remainder of the Summer; 3.5. on July 26, 2017, a serious incident occurred whereby both the mother and Mr.

B were intoxicated with alcohol; 3.6. during the said incident, the mother became physically aggressive towards Mr. B and proceeded to punch him twice; 3.7. on the same day, police intervention was required; 3.8. the police reported that upon their arrival, a great amount of hair was found on the floor and Mr. B was arrested by the police for

breach of conditions; 3.9. on that same day, the police found cocaine on Mr. B and he was also charged with possession of narcotics; 3.10. X was present during the incident of July 26, 2017; 3.11.

X appears to be motivated to maintain her sobriety and has cut ties with former negative peers; 3.12. it would be premature for the file to be closed under the Youth Protection Act (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child be entrusted to the care of her mother, with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 6 ] The mother and daughter were not present at the hearing.

The worker testified that they reportedly recently moved to City B in [Region A]. [ 7 ] The child’s psychological father, Mr. B, was present and assisted by Me Bernier. He admitted all the alleged facts except paragraph 3.9 which was denied. He added that the alleged “great amount of hair” found on the floor by police was actually a hair net. He confirmed the mother’s move to [Region A] expressed his approval of the move and the family’s consent to continue to receive social services following their move.

He plans to join the family as soon as possible. [ 8 ] Me Fafard, on behalf of the child, approved of the measures proposed by the Director of Youth Protection. [ 9 ] The Director filed Exhibits D-7 and to D-8 as evidence: D-7: Court Report, written by [Social Worker 1], dated October 23, 2017; D-8: Addendum, written by [Social Worker 1], dated January 5, 2018. [ 10 ] In

summary, despite their challenges, the family generally collaborates openly and willingly with social services and agrees to accept ongoing support. [ 11 ] More particularly, the couple intend to continue counselling and X appears committed to maintain her sobriety. [ 12 ] Ongoing services remain necessary to ensure that she receives the help she needs and that she is not exposed to drinking or violence in the home. [ 13 ] Under the circumstances, given the evidence and the consent expressed on behalf of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 16 ] ORDERS that the child remain entrusted to the care of her mother; [ 17 ] ORDERS that the child not be exposed to any form of verbal, physical, or psychological violence, including the use of threats and denigration; [ 18 ] ORDERS that the child receive therapeutic support to maintain her sobriety (e.g. [Centre A] After-Care or equivalent services) TAKING JUDICIAL NOTICE of her request for such services; [ 19 ] ORDERS that the mother and Mr.

B refrain from consuming or being under the influence of alcohol or drugs in the presence of the child; [ 20 ] ORDERS that the mother ensure that the child is not exposed to any individual under the influence of alcohol and/or drugs in her home environment; [ 21 ] STRONGLY RECOMMENDS that the mother continue to engage in community services (i.e. A Women’s Shelter or similar services) to address her substance abuse and personal issues TAKING JUDICIAL NOTICE that the mother and Mr. B are participating in couple’s therapy; [ 22 ] RECOMMENDS that Mr.

B take steps to address his personal issues (anger management, communication skills, past trauma, etc.) and report his progress to the Director of Youth Protection TAKING JUDICIAL NOTICE of his agreement; [ 23 ] ORDERS that a person working for the Centre A provide aid, counsel and assistance to the child and her family; [ 24 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre A , who shall then see that the

measures are carried out; [ 25 ] THE WHOLE for a period of nine months. Signed on January 24, 2018 TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Alec Fafard Attorney for the child Me Francis Cloutier Attorney for the mother Me Laurent Bernier Attorney for Mr. B TD/vl