2013 QCCQ 14405, 2013 QCCQ 14405
Opinion
Protection de la jeunesse — 134961 2013 QCCQ 14405 COURT OF QUEBEC CANADA PROVINCE DE QUÉBEC DISTRICT [...] TOWN [...] Youth Division No: 640-41-001609-137 DATE: September 27, 2013 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF : Y , born on […], 1998 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services A, working in City A, district A Applicant A , residing and domiciled in City A, district A Mother and B , residing and domiciled in City A, district A Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection makes an application to have the security and development of Y, born […], 1998 declared in danger due to serious behavioral problems pursuant to
section 38
f) of the Youth Protection Act . [ 2 ] The mother and the youth are present and represented by a lawyer. The father is absent but was served with a copy of the application. According to the Youth Protection worker the father agrees with the recommendations concerning the measures. She talked to him this morning and he said that he will be in the bush and will not attend the Court hearing. [ 3 ] Considering that the father was served with a copy of the application and that he chose not to attend this Court hearing, the Court allows the parties to proceed even if the father is absent.
This decision is made in the youth best interest. [ 4 ] The youth and the mother admit most of the allegations of the applicant's petition. They also admit that the situation of the youth is compromised.
They agree with the Youth Protection worker recommendations concerning the measures. [ 5 ] The Court considered there is preponderant evidence of the following facts. [ 6 ] The youth displays serious behavioral problems, to wit: • She consumes alcohol and drugs on a regular basis; • She doesn't respect authority or rules; • She doesn't attend school on a regular basis. [ 7 ] In the past the youth had been sexually assaulted by a family's member. [ 8 ] On April 10, 2013 the youth was caught possessing drugs at school. [ 9 ] On May 8, 2013 the mother signed a provisional agreement.
According to that agreement the youth had to stay at a Reception center for a period of thirty days. [ 10 ] On June 13, 2013 the Court rendered a decision pursuant
section 76.1 of the Youth Protection Act and entrusted the youth to her mother with several other measures. This Court hearing was set on August 29. [ 11 ] On June 22, the youth was seen intoxicated by an emergency worker at the fire hall lying on the ground. Her mother and aunt were trying to help her get up. On the same day the Youth Protection worker saw the youth intoxicated on one of the streets. [ 12 ] On June 26, the emergency worker received a call from the police stating that the youth was detained at the police station.
She was very drunk and passed out on […]. [ 13 ] On June 29, the Youth Protection worker met the father and the youth at the office. During the meeting the youth ran away.
[ 14 ] On June 30, the youth was sent by the Director of Youth Protection to a Group home in B for an emergency admission. [ 15 ] The Director of Youth Protection never asked the Court to issue an order pursuant
section 79 of the Youth Protection Act concerning that placement. [ 16 ] The mother and her spouse are the main caregivers of the youth. The mother had a drinking problem and her children were often placed in foster homes. The mother has reduced her alcohol consumption and is caring and responsible for her children. The mother works in a daycare center. [ 17 ] The father is a carpenter and often works out of the community. He has a relationship with the youth. He drinks only on special occasions. [ 18 ] Both parents collaborate with the Youth Protection services. [ 19 ] The mother cannot control the youth.
The youth doesn’t respect her mother authority. [ 20 ] The evidence is preponderant that the youth displays serious behavioral problems and that she needs a safe supportive environment in order to solve her problems. Her mother cannot provide to her youth such strict environment. [ 21 ] Considering the evidence including the admissions from the youth and her mother the Court is satisfied that the security and development of Y are in danger pursuant
section 38
f) of the Youth Protection Act. The Court is also satisfied that the applicant's recommendations are reasonable and appropriate to put an end to the situation in which the security and development of the youth are in danger. For these reasons the Court: [ 22 ] Grants the motion; [ 23 ] Declares that the security and development of Y, born[…], 1998 are in danger pursuant
section 38
f) of the Youth Protection Act ; [ 24 ] Orders that the youth be placed in a Reception center for a period of one year; [ 25 ] Orders that the youth respects the rules set at the Reception center; [ 26 ] Orders that the youth attends school regularly; [ 27 ] Orders that the youth receives a psychological assessment; [ 28 ] Orders that the youth receives a regular follow-up with a psychologist if necessary; [ 29 ] Orders that a person working for an institution or body provide aid, counselling and assistance to the youth and her family for a period of one year; [ 30 ] Orders that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their youth's regard to put an end to the situation in which the security or development of the youth is in danger; [ 31 ] Orders that the parents take an active
part in the application of any of the measures ordered by the Tribunal; [ 32 ] Recommends that the youth receives one on one counselling for her history of sexual abuse if the youth consents; [ 33 ] Orders the parents to collaborate with the Youth Protection; [ 34 ] Orders the police to collaborate to the execution of this enactment; [ 35 ] Entrusts the situation of Y to the Director of Youth Protection of the A Board of Health and Social Services A, who shall then see that the measures are carried out. __________________________________ Josée Bélanger, J.C.Q.
Me Camille Provencher, attorney for the Director of Youth Protection Me Yan Massé, attorney for the children Me Claude Beaudet, attorney for the mother Date of hearing: August 29, 2013
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