2018 QCCQ 19046, 2018 QCCQ 19046

Protection de la jeunesse — 1811546 2018 QCCQ 20769 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 614-41-000253-171 DATE: April 17, 2019 (November 28, 2018) ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2004 [SOCIAL WORKER 1], youth protection worker, youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A, residing and domiciled in […] Mother and B, residing and domiciled in […] Father ______________________________________________________________________ RECTIFIED JUDGMENT (sections 95 of the Youth Protection Act ) ______________________________________________________________________ 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 A (the Director) asks the Court to review and to extend the measures ordered on October 12, 2017, concerning the situation of the youth X, 14 years old. The applicant recommends that the child be maintained in a foster home until September 5, 2019. [ 2 ] At the hearing, the mother and the child are present, assisted by Me Michel Grenier and Me Yan Massé. Me Adelia Ferreira represents the applicant.

The father is absent even if duly served. [ 3 ] The motion is not challenged by either parties. [ 4 ] The Court considers the following facts as proven by preponderance of evidence. [ 5 ] X lived in City A until mid-December 2017. There, the foster parents expressed they were not willing to continue to care for her due to her behaviours. [ 6 ] In January, X was entrusted to the same foster home as her siblings. [ 7 ] The foster parents described the youth’s behaviour to be out of control. [ 8 ] She did not listen to her foster parents and was aggressive with her sibling.

At school, she was defiant in class and did not listen to her teacher. [ 9 ] In May 2018, X came in City B for a home visit during the Goose Break. [ 10 ] On May 15, 2018, there was a report stating that the youth had attempted to commit suicide two days prior. The youth was found by her maternal grandmother with a rope in her hands. [ 11 ] The youth denied having tried to commit suicide. [ 12 ] Because of her behaviors, X was placed in a rehabilitation center.

It was ordered subsequently under provisional measures on May 23, 2018. [ 13 ] Because her behaviors improved, on June 22, 2018, there was a discontinuance of the petition in revision.

[ 14 ] Since her return to foster home, the youth respects the rules and curfews. She attends school regularly and is doing well. [ 15 ] The relationship between the youth and her mother is still conflictual. [ 16 ] The mother attended treatment but still has many issues that impact on her parenting. Last May 2018, she was seen with a black eye.

The father of her youngest child has been violent with her. [ 17 ] She is not in position to assume the youth. [ 18 ] The father visited the youth in the foster home but he cannot assume her. [ 19 ] The parent’s situation did not improve and this creates more frustration to the youth. Because of all past traumas and the frustrations caused by the parent’s behaviour, she needs to meet a psychologist. Unfortunately, she is on the waiting list. It is an urgent situation.

The youth feels abandonment from her parents and develops aggressivity and suicidal thoughts. [ 20 ] Considering the evidence, the revision report, the testimony of the social worker and the agreement of the parties; THE COURT: [ 21 ] GRANTS the motion; [ 22 ] DECLARES that the security and development of X, born on […], 2004, are still in danger; [ 23 ] ORDERS her placement in a foster family until September 5, 2019; [ 24 ] ORDERS that the youth beneficiate urgently of psychotherapy for one year; [ 25 ] ORDERS the Director to supervise the visits and contacts between the youth and her parents as for the modalities, the frequency, duration and degree of supervision; [ 26 ] RECOMMENDS the parents to seek for services for their personal issues (alcohol, drug abuses and aggressivity); [ 27 ] ORDERS the parents to be sober in presence of the youth; [ 28 ] ORDERS the youth to attend school regularly; [ 29 ] ORDERS the Director to provide aid, counsel and assistance to the youth and the parents until September 5, 2019 ; [ 30 ] ENTRUSTS the situation of the youth to the Director who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Yan Massé Attorney for the youth Me Adelia Ferreira Attorney for the applicant Me Michel Grenier Attorney for the mother Date of hearing: November 13, 2018