2010 QCCQ 19715, 2010 QCCQ 19715

Protection de la jeunesse — 107350 2010 QCCQ 19715 JL3389 QUEBEC COURT CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division »

N° : 525-41-017976-069 DATE : December 8 th , 2010 _____________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MICHÈLE LEFEBVRE, J.C.Q. ______________________________________________________________________ In the matter of : X Born on […], 1993 [SOCIAL WORKER 1] , in her capacity as person duly authorized by the Director of Youth Protection of [Youth Centres A] Applicant - and - A , the mother - and - B , the father Respondents ______________________________________________________________________ JUDGMENT (Sections 91 and 95, Youth Protection Act, L.R.Q.c.P-34.1) ______________________________________________________________________ [ 1 ] The present judgment confirms in writing the decision rendered orally at the hearing held on December 8 th , 2010. [ 2 ] The Court is seized with a motion to review and extend an order rendered on January 13 th , 2010, concerning X and her sibling. [ 3 ] Essentially, the Director of Youth Protection sustains: 3.1 During the time that she was placed in a rehabilitation centre, X situation improved greatly, including her school attendance and hygiene; 3.2 Consequently, X was fully reintegrated to the mother's care in May 2010; 3.3 It has been extremely difficult for the Youth Protection worker to verify the situation in the home as the mother stopped cooperating with the Director of Youth Protection since the reintegration of X into her care; 3.4 The mother has cancelled seven (7) meetings scheduled between herself and the Youth protection worker; 3.5 On October 25 th 2010, Y reported that the mother has a boyfriend who moved into their home during the summer; 3.6 Y also reported that two male adult friends of the mother's boyfriend also live in the family residence, as well as the

maternal uncle; 3.7 Y reported that the two friends of the boyfriend usually sleep on the couches of the living room but they sometimes sleep on an air mattress in the room she shares with X 3.8 Y also reported that she usually falls asleep in front of the television and that the friends of the mother's boyfriend have carried her to her bed; 3.9 Y reported that her oldest brother frequently sleeps at the family residence; 3.10 X and Y oldest brother has displayed highly aggressive behaviour in the past and consequently, the Director of Youth Protection had asked that he leave the home; 3.11 On October 28 th , 2010, the mother and X denied that any men reside in their home except for the mother's boyfriend; 3.12 Concerns exist that the mother does not provide adequate supervision for her children; 3.13 Y always goes to her friends'homes after school and only returns home around 7:00 pm; 3.14 Y does not do her homework; 3.15 Y was observed to have hygiene issues; 3.16 X is not attending school and she is not working; 3.17 It is in the best interest of X and Y in that they be removed from the mother's care at this point; 3.18 The father is not really involved in the life of X and Y [ 4 ] With the consent of the parties, the Court proceeded to a joint hearing in the case of the child and her sibling, the conclusions being the same for both children. [ 5 ] The Director of Youth Protection is recommending that the both children be entrusted to their mother’s care for a period of one (1) year and that measures be applied in order to correct the situation, as appears in the Court record; [ 6 ] The father was not present.

The Court proceeded in his absence with the consent of the parties; [ 7 ] The mother, through her attorney, admitted most of the allegations of the procedure and declared that she was in agreement with all the measures proposed by the Director of Youth Protection as appears in the Court record; [ 8 ] The adolescent, through her attorney, admitted most of the allegations of the procedure, and declared that she was in agreement with all the measures proposed by the Director of Youth Protection as appears in the Court record; [ 9 ] By consent and to serve as evidence, the Director of Youth Protection filed the following documents: D-1: Court report written by [social worker 1], dated December 2 nd , 2010; [ 10 ] ANALYSIS OF THE EVIDENCE AND DECISION [ 11 ] The Court finds from the evidence, that both X (17years old) and her sister remain at risk of neglect in their home.

There are recurring issues of lack of hygiene as well as unattended general housekeeping. The services of an educator were offered to the mother but she made it clear that she was not interested in receiving these services. [ 12 ] It is reported that the mother was not collaborating with the Youth Protection services at all for a number of months to such extent that immediate protective measures were invoked on October 28, 2010. X and her sister were placed in a foster home until November 1 st , 2010 in order to assess the living arrangements at home. [ 13 ] Since then, both children have returned home.

The living arrangements are deemed appropriate and the mother has been collaborating with the social follow-up provided. [ 14 ] It is recommended that measures continue to apply, which the Court finds appropriate in the circumstances. [ 15 ] CONSEQUENTLY, AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of X continue to be in danger within the meaning of the Youth Protection Act. [ 18 ] IN VIRTUE OF THE POWERS CONFERRED UPON THE COURT BY

SECTION 91 OF THE YOUTH PROTECTION ACT: [ 19 ] ENTRUSTS both children to the care of their mother; [ 20 ] ORDERS the mother to report periodically minimally one every 3 weeks to the Director of Youth Protection on the measures

that she applies to put an end to the situation of compromission of the children and namely: - that she works with the delegate and follow up on the recommendations to improve the home environment in terms of organization and cleanliness; -that she completes a parenting course and/or program A; [ 21 ] ORDERS that X take an active

part in the application of the measures and namely that she: -register and complete a program of 6 months from start to finish; -collaborate with the social follow-up; -take

part in a constructive activity (i.e Adult Education); [ 22 ] ORDERS that aid, counsel and assistance continue to be provided to X and her family until July 31 st 2011; [ 23 ] ENTRUSTS the situation of X to the Director of Youth Protection of Youth Centres A, who shall then see that the measures are carried out, and these measures may be executed by any peace officer, if necessary. SIGNED AT CITY A __________________________________ MICHÈLE LEFEBVRE, J.C.Q. M e Nadia Sabik Attorney for the applicant M e Alec Fafard Attorney of the adolescent M e Michèle Gauthier Attorney for the mother Judgment rendered orally on December 8 th , 2010. ML/mlm