2011 QCCQ 9816, 2011 QCCQ 9816

Protection de la jeunesse — 112683 2011 QCCQ 9816 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth chamber No: 640-41-001375-119 DATE: June 7, 2011 ______________________________________________________________________ BY THE HONOURABLE DANIEL BÉDARD, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 1994 [INTERVENANTE 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in town A Applicant -and- A , residing and domiciled in Ville A, Quebec, district A Mother ______________________________________________________________________ JUDGMENT (

Section 38 and 91 , Youth Protection Act, R.S.Q. c. P-34.1 ) ______________________________________________________________________ I - INTRODUCTION [ 1 ] The Director of Youth Protection demands to the Court to declare the security and development of X, born on […], 1994, in danger. [ 2 ] The mother and her daughter are present and represented. The father is undeclared. II - ISSUE TO RESOLVE [ 3 ] The mother and her daughter contest the allegation of the Director of Youth Protection as to the security and development being in danger.

Furthermore, they disagree with the recommendation of a foster care measure in a rehabilitation centre for a period of four (4) months. III - ANALYSIS OF THE FACTS AND DECISION [ 4 ] On May 6, 2011, the Court ordered the foster care of the child in a rehabilitation centre until the hearing of the demand under

section 38 of the Law. [ 5 ] The evidence tendered includes some admissions made by the mother and the teenager and their testimony. Also included, the testimony of the social worker. Finally, the agreements on voluntary measures are filed as requested by procedural rules of the Court. [ 6 ] On January 24, 2011, an agreement was reached between the parties. The teenager was consuming and abusing alcohol. During these episodes, she had suicidal thoughts and was not taking her medication prescribed to control her emotions and hallucinations. The mother had also abuse alcohol upon her return from another community.

The measures agreed upon included the maintaining of the teenager with the mother under strict conditions, namely: no alcohol consumption, close supervision by the mother and medical follow-up for intake of medication. [ 7 ] On April 16, 2011, another agreement was concluded. The teenager reported having been raped in the month of December 2010, while alone in the family residence. In February, the teenager had been confined in isolation for a period of ten (10) days. She was suicidal. Not taking her medication properly and consuming drugs. The mother was not supportive.

On April 12, 2011, the teenager had to be transported to the hospital centre (medivac) following a suicide attempt.

[ 8 ] Today the teenager denies most of the allegations except the sexual abuse in the month of December 2010. The mother admits the suicidal thoughts of her daughter, the sexual abuse and the fact that she is overwhelmed by the situation. [ 9 ] The teenager's testimony does not convince the Court. She has no suicidal thoughts anymore, they simply vanished. She takes her medication on a regular basis. She has quit drugs and alcohol since the beginning of April 2011.

Her mother has slowed or put an end to consumption of marijuana. [ 10 ] The contents of the two agreements are, with the admissions of the mother, more than sufficient to convince the Court that the security and development of the teenager are in danger, under paragraph (b) (1), (d) (1) and (

f) of

section 38 of the Law. It is quite clear that the situation of the teenager has stabilized since her admission in the group home of the community. It also explains her testimony. IV - MEASURES APPLICABLE [ 11 ] As often the case, the social report is much more explicit than the evidence tendered at the first step of the proceeding. The teenager has been sexually abused on numerous occasions: by the ex-boyfriend of her mother, then by at least two other men in the community. She receives medication for her depressive mood and hallucinations.

In recent months, she was consuming alcohol and drugs. [ 12 ] In the month of March 2011, the teenager was seen by a psychiatrist that confirmed depression. She was then seen by a psychologist. [ 13 ] The mother is affected by certain limitations following a surgery after an aneurysm, preceded by a car accident in 2008. She has mood swings, consumes marijuana to relax and occasionally abuses alcohol. [ 14 ] In her testimony, she denies bringing marijuana to her daughter at the group home, but the documentary evidence convinces the Court of the contrary.

As for the man that raped her daughter she is ready to forgive. Her collaboration with the services is irregular and minimal. [ 15 ] It is the teenager's lawyer that advises the Court that an observation report, positive for the child, has not been filed in Court. This situation is unacceptable and should not be repeated. It is in the child's interest that every report prepared be tendered in evidence in order that the most appropriate decision be made by the Court.

Full disclosure is the rule, unless particular or exceptional circumstances exist and if the case, the Court has to be made aware of them. [ 16 ] The teenager is in the group home making significant progress and experiencing routine and stability for the first time in many years. The evidence does not convince the Court that the mother will be ready to receive her afterwards.

Consequently, the search for a foster family should begin as soon as possible. [ 17 ] The psychological follow-up must be maintained as long as necessary and the access and visitation rights of the mother must be, given the evidence, supervised. [ 18 ] The Director recommends a foster care measure in a group home, for a period of four (4) months. The situation of the teenager warrants such a length. [ 19 ] FOR THESE MOTIVES, THE COURT: [ 20 ] GRANTS the demand; [ 21 ] DECLARES the security and development of the teenager in danger; [ 22 ] ORDERS the following measures in accordance with

section 91 of the Law:

a) the foster care of the teenager in a rehabilitation centre for a period of four (4) months, starting on May 17, 2011;

b) that a person working for an organism or establishment provide aid, counsel and assistance to the mother and the child, during the foster care measure;

c) that the following health service be provided to the teenager: a psychological follow-up, within a delay of thirty (30) days of the present judgment; [ 23 ] ORDERS that access and visitation rights of the mother be exercised under the supervision of the Director of Youth Protection; [ 24 ] ORDERS any police officer to collaborate in the execution of the foster care measure, if requested to do so, by the Director of Youth Protection; [ 25 ] ENTRUSTS the situation of the teenager to the Director of Youth Protection, for the purpose of executing the measures ordered by the Court.

__________________________________ DANIEL BÉDARD, J.C.Q. Me Jean-Claude Latraverse Lawyer for teenager Me Alexandre Cimon Lawyer for the D.Y.P. Me Angèle Tommasel Lawyer for the mother Date of hearing: May 17, 2011