2018 QCCQ 18515, 2018 QCCQ 18515

Protection de la jeunesse — 188368 2018 QCCQ 18515 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Adolescent Division No: 614-41-000349-185 DATE: October 4, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE MARC OUIMETTE J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection case worker, duly authorized by the Director of Youth Protection A Applicant and X , born on [...], 2002 Adolescent and A Mother and B Father ______________________________________________________________________ JUDGMENT Sections 38 and 75 , Youth Protection Act , CQLR, c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of information allowing for 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 (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection filed a motion asking the Court to declare the security and the development of X to be in danger pursuant to sections 38 ( b )1(iii), ( b )2 and (

f) of the Youth Protection Act . [1] [ 2 ] At the hearing, the adolescent was present and assisted by counsel. The parents were not present, although duly notified. [ 3 ] The adolescent admitted the following facts. [ 4 ] He was living with his parents in City A. His situation has been reported at least on two different occasions, in November 2016 and April 2018, with regard to drinking in the home and partying. [ 5 ] On July 5, 2018, his mother was drinking with him; both were intoxicated by alcohol. [ 6 ] On the following day, he was supposed to return home, but his mother was still intoxicated.

The adolescent and his sibling were entrusted to a foster home under immediate protective measures. [ 7 ] His mother continued to drink the whole weekend. He left the foster family to return to his mother’s home, and drank with her. [ 8 ] On July 9, 2018, his mother missed her appointment with Youth Protection. The caseworker saw her highly intoxicated outside of her home.

The same day, he was entrusted to a foster family. [ 9 ] On July 10, 2018, his mother was still intoxicated and a party was still going on at her house. [ 10 ] The band office has indicated they will board the home because of the partying. [ 11 ] On July 11, 2018, the foster mother asked that he be removed from her care as he was not respecting her rules and curfews and he did not sleep at her home the night before. Due to his behavior he was entrusted to a rehabilitation centre. [ 12 ] His father was in Chisasibi for the weekend of July 5 to July 8, 2018.

Security and development: [ 13 ] The adolescent’s security and development are in danger. His parents do not meet the adolescent’s basic needs. They do not provide appropriate supervision. There is also a serious risk that the parents will not provide the basic needs of the adolescent. The

adolescent also has a serious behavioural disturbance, especially regarding consumption of alcohol. MEASURES: [ 14 ] The adolescent will turn 16 years old on [...], 2018. He was not able to comply with the rules of the foster family. The only remaining alternative is a rehabilitation centre. [ 15 ] According to the testimony of the adolescent protection’s caseworker, the family situation is very difficult. On September 6, 2018, the mother assaulted her during a meeting. The parents refused to attend the hearing. [ 16 ] X needs a period of twelve (12) months in a reception centre.

FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES the security and development of the adolescent to be in danger pursuant to sections 38 ( b )1(iii), ( b )2 and ( f ); [ 19 ] ORDERS that X be placed in a rehabilitation centre for a period of twelve (12) months; [ 20 ] RECOMMENDS that the mother seek help for substance abuse and follow the recommendations for relapse prevention; [ 21 ] ORDERS that the frequency and terms of contact between the adolescent and the parents be supervised by the Director of Youth Protection; [ 22 ] ORDERS that X receive counselling to address issues related to substance abuse and neglect; [ 23 ] ORDERS that X attend school on a regular base; [ 24 ] RECOMMENDS that the father, B, take steps to maintain his sobriety and follow relapse prevention counselling; [ 25 ] ORDERS that X not be exposed to any individual under the influence of drugs and alcohol; [ 26 ] ORDERS aid, counsel and assistance for a period of twelve (12) months; [ 27 ] ORDERS that the police cooperate in the execution of this judgment; [ 28 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre. Adelia Ferreira Counsel for the applicant Mtre. Yan Massé Counsel for the adolescent Date of hearing: September 5, 2018