2018 QCCQ 20027, 2018 QCCQ 20027

Protection de la jeunesse — 182838 2018 QCCQ 20027 JB5047 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N° : 455-41-001118-173 DATE : January 10, 2018 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF THE CHILD: X Born on [...], 2004 [SOCIAL WORKER 1], person duly authorized by the Director of Youth Protection, working at [...] Applicant and A , unknown adress Father and B , [...] Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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. Introduction [ 1 ] The Director is requesting that the security and development of X be declared in danger for the motive of neglect on educational level. [ 2 ] Today the Director is recommending that X remain entrusted to Ms. C, with aid, counsel and assistance until August 30th, 2018. [ 3 ] The mother is in agreement with the recommendations and the compromission. Nevertheless, she will make some precisions on the petition. [ 4 ] The father is absent.

He has never been involved in his daughter’s life and no one knows of his whereabouts. [ 5 ] The child agrees with the recommendations. Question in litigation

[ 6 ] Are the security and development of the child in danger? In the affirmative, do the recommended measures answer the needs of the child and are they in their interest? Context and Analysis [ 7 ] X is in the custody of her mother. [ 8 ] At the end of the winter of 2017, mother and daughter had a conflictual relationship. They fought often and X refused her mother’s authority. [ 9 ] At the same time, the mother had boyfriends who were inappropriate with X, calling her names, belittling her and telling her to get out. [ 10 ] One of them used to drink a lot.

The relationship ended with the police being called. [ 11 ] The mother left her alone with another boyfriend who was also inappropriate a couple of times, even though X was uncomfortable with him. At the end of the relationship, he threaten to rape X. [ 12 ] There was a lot of coming and going in the mother’s apartment. The mother claims that it was X’ friends. But X said at the time that these people were guys and inappropriate people her mother knew. [ 13 ] X also said that there were a lot of partying with alcohol and smoking. [ 14 ] At the time, X often got away from home to escape it all.

She felt she was not safe at home. [ 15 ] She also mentioned that there was no clear routine or rules at home and that communication were poor. [ 16 ] She also showed behavioural problems at school and was struggling academically. [ 17 ] In June 2017, with the intervention of the Social pediatric centre “[A]”, the mother agreed that X would go live at one of her mother’s friend’s home: Ms.

C. [ 18 ] X was supposed to stay there until June 30 th 2018. [ 19 ] But the mother changed her mind and asked X to come back home [ 20 ] X refused because of what she had been through at her mother’s home where she did not feel safe. [ 21 ] Since she has been entrusted to Ms. C, X is doing well, having no behavioural problems there nor in school, where she is working hard to come through her academic struggles. [ 22 ] X considers that her needs are met at Ms. C’s home and wants to remain with her. [ 23 ] The mother explains that at the time, she was in shock to see that X did not want to go back.

She says she has come around now and understands and recognizes that she put her daughter through rough times with her boyfriends and personal situation. [ 24 ] That is why she will allow her daughter to stay at Ms. C’s home. [ 25 ] X is visiting her mother every Saturday. The visits are going well. [ 26 ] Nonetheless, the mother claims that X goes through her things in her bedroom and steels money or cigarettes. [ 27 ] In December she stole her wallet but returned it.

Mother and daughter will have to work on their relationship to resolve their issues. [ 28 ] The mother will also need to work on how to make X feel secure at her home, before X’s return to her home can be envisaged. [ 29 ] The present judgment completes and confirms each and every observations that were made on the bench in presence of the parties. FOR ALL THESE MOTIVES THE COURT: GRANTS the present application for protection; DECLARES that the security and development of the child X is in danger, for the motive of neglect on educational level; ORDER that the child X be entrusted to Ms.

C; TAKE JUDICIAL NOTICE that the Director of Youth Protection will evaluate the home of Ms. C as a foster family and in the case it becomes an accredited foster family, ORDER the the child be entrusted to a foster family for the duration of the current Court order; ORDER that contacts between the child ans her mother be upon agreement between the parties; ORDER that the child and her mother take an active

part in the application of the measures ordered; ORDER that a person, working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the child X and

her family until August 30 th , 2018; ENTRUST the situation of the child X to the Director of Youth Protection to see that the measures are carried out. ___________________________________ PASCALE BERARDINO, J.C.Q. M e Louise Martel DYP’s counsel M e René Sévigny Child’s counsel Date of hearing: January 10, 2018 Motives signed and filed: February 14, 2018 File exhibits: D-2 to D-4