2012 QCCQ 14228, 2012 QCCQ 14228

Protection de la jeunesse — 125933 2012 QCCQ 14228 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” No: 610-41-000457-101 DATE: November 9, 2012 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ SOCIALWORKER 1, human relations agent, exercising her profession at the Centre jeunesse of City 1, having a place of business at […] City A, district A, […] Applicant -and- X presently hosted at […]City B, district A, […] Youth -and- A, domiciled and residing at […] City C, district A, […] Mother -and- B, domiciled and residing at […], […] City D, province A, […] Father ______________________________________________________________________ JUDGMENT (Section 95 (2) and 75 Y.P.A., R.S.Q. chap.

P-34.1 ) ______________________________________________________________________ [ 1 ] The situation of X born on […], 1998, is referred to the Court in order to extend the last decision rendered by Judge Josée Bélanger on February 7, 2012, by which the youth was entrusted to a foster family for a period of six months and different measures of help for the youth and her mother were ordered for the same period. [ 2 ] The youth is present and represented; she admits all the allegations of the petition and agrees with the recommendation of being entrusted to a foster family until she reaches her majority.

The mother is also present and represented; she admits most of the allegations but does not agree with the placement. The father is not present nor represented. The applicant requests from the Court the special permission to not serve the motion on the father according to

Section 76

c) of the Youth Protection Act. [ 3 ] The father is not involved in the youth’s life since many years. In the past, the applicant has tried to serve different petitions on him, but unsuccessfully; his employer has refused to receive the present petition for his employee, the father. For these reasons, the Court grants the demand and dispenses with service on exceptional grounds. [ 4 ] On July 23, 2010, the Court declared that the security and development of the child was compromised according to

Section 38 b) 2 o , c), e) 1 o and 2 o of the Youth Protection Act, and entrusted her to a foster family for a period of six months. The contacts with her mother had to be supervised by the DYP. It was recommended that the mother receive counselling concerning her drug use and also a psychological follow-up for her mental health issues.

It was ordered that she do not consume drug in the presence of her daughter. [ 5 ] On February 24, 2011, the Court revised this decision, declared that the situation of the child was still in danger and entrusted her to a foster home for one year, repeating most of the measures ordered previously. On February 7, 2012, the Court revised the decision again and entrusted the child to a foster family for a period of six month with mostly the same measures of help already ordered. [ 6 ] Since 2010, the situation of the mother has not improved.

When the report was prepared in June 2012, she was not seeking help regarding her drug use and mental health issues. Her condition affected the visits with her daughter whom was reacting strongly to the whole situation. The youth started to show behaviour problems at school and with her peers. Nevertheless, contrary to the past, the mother has improved her collaboration with the DYP workers. She is now seeking help for her own issues and will be registering in different programs of help.

She mentions to the Court that she would like to have a female psychologist. [ 7 ] The petitioner testifies that things are actually getting better with the mother. Unfortunately, she is difficult to reach, as she has no telephone. It seems that the mother now realises that she has to follow through with her own issues and to seek help. [ 8 ] The youth is in her first year of high school and she is a “A” student; she wishes to go to university. She is presently fostered in

a native family. As mentioned above, she had started to show behaviour problems. Fortunately, during the summer break, she had improved on some levels such as with her social skills, her behaviour and the respect of authority. She was elected to represent the school students by being the valedictorian on graduation day. [ 9 ] The foster mother, who has two other girls about the same age of X, says that she is ready to take care of the youth until her majority. After a certain period of rebellion, she is now well adjusted to the rules and structure of the home and has also improved her behaviour at school.

This past year, she was registered in a dance classes in City E, participated in several weeks of track and field and was involved in sports such as basketball and volleyball. [ 10 ] The youth shows symptoms of mental health issues. She has researched different diagnosis and has found several similarities with her mother’s mental health. Last February, a psychological evaluation of the youth was ordered. The mother first objected to having this done, but after some convincing it was completed.

The results have yet to be delivered. [ 11 ] Between January and June 2012, there have been four little visits that took place with the mother and the youth. They were productive and mother and daughter were able to get along well and to have minimal bickering. They would keep in touch through phone calls, but unfortunately the mother’s phone has been disconnected. Last summer, the youth destroyed her cellular phone on which her mother would contact her. This was due to nasty texts her mother was sending her.

The DYP worker as well as the foster family has seen a positive change with the youth since she does not visit as frequently with the mother as in the past. [ 12 ] The mother has come to accept that she has to put her personal needs ahead of those of her daughter knowing that this will delay the youth’s return home. The mother has been victim of sexual and physical abuse in the past and it has had had a negative impact on her life and on her daughter’s life. She still holds on to a lot of anger and feels like a victim regarding many situations she has dealt with.

She has difficulties to trust people around her, as well as many professionals. [ 13 ] The youth is happy in her foster home and has made a lot of progress in a short time. She is still dealing with difficulties such as behaviour problems, symptoms of mental health issues, lies, mistrust adults, has anxiety, answers back and contest authority. The foster family is well aware of this situation and has created a healthy bound with the youth.

They are welling to invest in long term care of her. [ 14 ] Considering the admissions, the testimonies and the reports filed, the Court considers that the recommendations are in the best interest of the youth and that they respect her rights.

FOR THESE REASONS, THE COURT: GRANTS the petition; MAINTAINS that the security and development of X born on […], 1998, are still in danger; ENTRUSTS the youth to a foster family until she reaches her majority; ORDERS that a person working for the Centre jeunesse provide aid, counselling or assistance to the youth and the youth’s mother; ORDERS that the director of Youth Protection supervise the contacts between the youth and the mother, as for frequency and modalities, and that these contacts be in the presence of third person as long as the director will consider it necessary; ORDERS that the mother be sober in the presence of the youth; ORDERS that the youth and the mother take an active

part in the application of any of the measures ordered by the tribunal; ORDERS that the youth receive psychological services for as long as deemed necessary for her mental health; ORDERS that the mother receive counselling concerning her drug and alcohol use and that she attend a detoxification and treatment center; ORDERS that the mother receive a psychological and psychiatric follow-up for her mental health; WITHDRAWS certain attributes of the parental authority from the mother and grants them to the director, such as authority to get a medical card, a passport, to give authorization for medical care, for school, for cultural activities and sports; AUTHORIZES all professionals involved in the youth and the mother’s life to exchange information with the director of Youth Protection concerning the youth’s situation; ENTRUSTS the youth’s situation to the director who shall then see that the measure is carried out; ORDERS any peace officer to collaborate in the execution of this enactment, is asked to do so. __________________________________ Marc E.

Grimard, J.C.Q.

M e Julie Lemire Counsel for the applicant M e Peggy Warolin Counsel for the youth M e Marc Ouimette Counsel for the mother Date of hearing: September 9, 2012