2018 QCCQ 15288, 2018 QCCQ 15288

Protection de la jeunesse — 185443 2018 QCCQ 15288 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 635-41-000691-169 DATE: July 9, 2018 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2003 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A Applicant v.

A , residing and domiciled at House […] Mother and B , residing and domiciled at House […] Father ______________________________________________________________________ JUDGMENT (sections 95(2) and 75 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing for a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection asks the Court to extend the decision rendered on November 30, 2017, until May 31, 2019, in order to support the adolescent and her parents and help them put an end to the situation endangering the security of the adolescent. [ 2 ] According to the evidence, between October 17, 2017, and February 2018, the family benefited from the services of an external educator, Mr. [Social Worker 2], who reported substantial progress in the adolescent’s situation during her follow-up care.

Unfortunately, he resigned from his position in February and a new external educator will start follow-up care with the family only at the beginning of June 2018. [ 3 ] The adolescent is a bright student but has very poor attendance at school. The situation was addressed by the school and she was changed to a new program to motivate her with a personal project orientation class. However, she continued to have an attendance problem at school. [ 4 ] The adolescent continues to display impulsive and risky behaviour. On three different occasions, she was involved with the police department as a suspect inan assault.

On April 26, 2018, she was involved in an incident of driving under the influence of alcohol. [ 5 ] According to the revision report prepared by the applicant, the relationship between the adolescent and her mother has improved. They can discuss their problems and suggest solutions. The mother is very cooperative. Regarding the father, it has been difficult to obtain his collaboration. He has spoken to the applicant only twice during the current review period. [ 6 ] The father still displays problems with alcohol consumption.

He has started to receive services from Social Services and is supposed to attend a six-week treatment program at Oka on June 4, 2018. [ 7 ] Currently, the applicant’s recommendation is to keep the adolescent with her mother with the services of an external educator. This service will have to be provided to the family very soon, given the adolescent’s behavioural issues and the lack of services in the past. [ 8 ] School attendance is also a major issue. The adolescent has all the potential to succeed at school.

She needs structure and guidance to be responsible and present at school. [ 9 ] The Court is of the opinion that the recommendations of the applicant to keep the adolescent with her mother, with the support and help of an external educator, should be followed. However, if the situation cannot be improved, it will be necessary to plan a more structured environment to put an end to the situation of endangerment. FOR THESE REASONS, THE COURT:

[ 10 ] GRANTS this application; [ 11 ] DECLARES that the security or development of the youth X, born on [...], 2003, continues to be in danger; [ 12 ] ORDERS that the adolescentremain with the mother; [ 13 ] ORDERS that the parents periodically report to the Director on the measures they apply in their own regard or in the adolescent’s regard to put an end to the situation in which the security or development of the adolescent is in danger; [ 14 ] ORDERS that the adolescent and the adolescent’s parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 15 ] ORDERS that the adolescent attend school on a regular basis; [ 16 ] ORDERS that the adolescent and the adolescent’s family receive the services of an external educator for the period deemed necessary by the professionals; [ 17 ] ORDERS that the parents remain sober in the presence of the youth; [ 18 ] RECOMMENDS that the parents seek help through Social Services or other services for their alcohol and personal issues; [ 19 ] ORDERS that contact between the adolescent and the father be determined by the Director of Youth Protection with respect to the terms, frequency and degree of supervision; [ 20 ] ORDERS that a psychological assessment be performed and , if recommended by the professionals, follow-up care be provided for as long as recommended by the professionals ; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and the adolescent’s family; [ 22 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 23 ] THE WHOLE until May 31, 2019. __________________________________ RENÉE LEMOINE, J.C.Q.

Mtre Cassandra Neptune Attorney for the child Mtre Geneviève Apollon Attorney for the applicant Mtre Marianne Léonard Attorney for the mother Mtre Angèle Tommasel Attorney for the father Date of hearing: May 24, 2018