2019 QCCQ 16746, 2019 QCCQ 16746

Protection de la jeunesse — 195338 2019 QCCQ 16746 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-033023-177 DATE : February 8, 2019 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2003 Director of Youth Protection A Applicant A Father ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to revise the order rendered on February 2, 2018, entrusting the adolescent to a rehabilitation centre until September 15, 2018, with a social follow-up and other corrective measures for a year.

It should be noted that the adolescent’s placement was provisionally extended until the end of the current proceedings. [ 2 ] The Director alleges that that the adolescent’s return home is premature seeing that concerns regarding the mother’s and the putative father’s personal issues persist. [ 3 ] Taking into account the family’s intention to move to [province A], the Director is proposing to entrust the adolescent to the foster home of the maternal grandmother in Town A, [province A] for a year with a social follow-up. [ 4 ] The majority of the allegations are admitted by the mother and the adolescent who both consent to the measures.

Although their preference would have been to reside together, they acknowledge that a certain measure of prudence is required at this time in order to successfully achieve that objective in the future. [ 5 ] The putative father, B, is undeclared and therefore not a party to these proceedings. The Situation [ 6 ] The initial declaration of endangerment resulted from issues of violence in the home and serious consumption issues by the parents. [ 7 ] Since the last court order, the mother has gradually developed a better understanding of the risks faced by her daughter in the context of these personal issues.

She has demonstrated a growing commitment to bettering her own situation in order to offer her daughter a secure and stable environment. [ 8 ] To that effect, the mother has participated in a substance abuse program and continues to participate in a follow-up. All drug and alcohol test results have been negative and she has maintained abstinence for over a year. She has also participated in an employment readiness program and has resumed psychotherapy regarding the issues of conjugal violence. [ 9 ] The mother has been consistent with visits and phone calls to her daughter.

Their interactions reveal a strong attachment and a significant level of trust. [ 10 ] The mother’s relationship with Mr. B has remained volatile however. Mr. B’s attempts to deal with his own consumption issues have been inconsistent, thereby putting a strain on the couple’s relationship. His continued consumption presented the worker with

legitimate concerns regarding the risk of violence in the home as well as the risk of relapse on the mother’s part. [ 11 ] To date, Mr. B has not yet demonstrated the ability to commit to an effective treatment plan. During his testimony, he acknowledged that a six-week treatment program has been recommended but he questioned the need. Having remained sober for several months, he was of the opinion that an out-patient follow-up was sufficient. In the weeks that followed however, he had a relapse.

According to the information provided by the mother, he consumed several beers outside the presence of the adolescent. [ 12 ] Mr. B’s occupational situation has recently changed. He has accepted an employment opportunity in [province A] and the mother will be joining him. Consequently, an assessment of the maternal grandmother as a proximity foster home has been conducted and approved. [ 13 ] Placement in a group home has been difficult on the adolescent. Social isolation is a concern as well as anxiety and depressive symptoms.

Nevertheless, she has consistently attended school and has participated in psychotherapy, drama sessions and a mentoring program. Conclusion [ 14 ] The evidence supports the Director’s position that the situation of endangerment persists. The mother’s remarkable progress is readily apparent as demonstrated by her ability to maintain abstinence. The Court notes that the mother is also developing the ability to assume a protective role for her daughter by reporting Mr. B’s recent relapse. [ 15 ] Mr. B, however, remains fragile and continues to represent a risk that requires monitoring.

Despite his best intentions and his desire to improve, he continues to lack a proper understanding of the seriousness of his situation. Being unable to commit to adequate services, he has not demonstrated the ability to exercise control over his alcohol consumption. [ 16 ] In this situation, the Court agrees that a measure of caution is called for. The extent of Mr.

B’s difficulties leading to a risk of violence in the home must be properly addressed before the adolescent’s return can be considered. [ 17 ] In the meantime, the maternal grandmother can provide the adolescent with an environment that is familiar, comforting and secure.

This arrangement will also ensure the mother consistent access to her daughter. [ 18 ] Considering the position of the parties and the evidence as a whole, the Court concludes that the security and development of the adolescent continue to be endangered and that the measures proposed serve her best interest. [ 19 ] CONSIDERING that on December 3, 2018, the motion was granted and that the security and development of the adolescent declared still endangered; [ 20 ] THE COURT: [ 21 ] ORDERS that the adolescent be entrusted to the care of the foster family of the maternal grandmother, C; [ 22 ] TAKES JUDICIAL NOTICE that the adolescent will remain in a rehabilitation center for a maximum period of 45 days pending completion of all necessary arrangements for her integration into the home of her maternal grandmother C; [ 23 ] ORDERS that the frequency and modality of contacts between the adolescent and her mother as well as B be determined by the Director; [ 24 ] ORDERS that the mother refrain from consuming or being under the influence of drugs or alcohol in the presence of the adolescent; [ 25 ] ORDERS that the mother ensure that the adolescent is not exposed to any adult in her environment who is consuming or under the influence of drugs or alcohol; [ 26 ] ORDERS that the mother refrain from using all forms of physical or verbal violence with the adolescent and that the mother ensure that the adolescent is not exposed to any form of violence; [ 27 ] RECOMMENDS that the mother takes steps to address her personal issues, in particular substance abuse rehabilitation and experiences of conjugal violence and report her progress to the Director; [ 28 ] RECOMMENDS that the adolescent continue to participate in psychotherapy; [ 29 ] TAKING JUDICIAL NOTICE of the parties’ consent, AUTHORIZES the Director to exchange information with involved professionals; [ 30 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and her family; [ 31 ] THE WHOLE for a period of one year.

SIGNED IN TOWN B On February 8, 2019

__________________________________ KAREN OHAYON, J.C.Q. Me Angela Nevard Attorney for the D.Y.P. Me Luce James Attorney for the adolescent Me Guy-Luc Grondin Attorney for the mother Dates of hearing: December 3, 2018 and February 2, 2019