2016 QCCQ 9515, 2016 QCCQ 9515

Protection de la jeunesse — 164014 2016 QCCQ 9515 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000668-152 DATE: January 29, 2016 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ MRS [SOCIAL WORKER 1], exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at […] at City A, district A, […] Applicant -and- X, domiciled at […] at City B, district A, […] Adolescent -and- MRS A, domiciled and residing at […] in City C, [A Province], […] Mother -and- MR B, domiciled and residing at […] at City B, district A, […] Father ______________________________________________________________________ JUDGMENT (Sec. 95 (1 and 2) and 75 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing 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 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection makes an application for the review and extension of a decision rendered by the Court on April 9, 2015 concerning X, born on […], 2000. [ 2 ] At the hearing, both father and son are present, although only the youth is represented by counsel. The Court dispensed the serving of the petition to the mother on exceptional grounds following subparagraph 76 (

c) of the Youth Protection Act. [ 3 ] The Director is now seeking the prolongation of X’s placement with Mrs C until the end of December 2016. ISSUE TO RESOLVE [ 4 ] The present case does not raise any litigious issue since the parties agree that the security and the development of the adolescent remain endangered and they also agree with the Director’s recommendations. FACTS AND DECISION [ 5 ] On April 8, 2015, the Court declared the security and the development of X endangered due to neglect, mainly because of the father’s excessive drinking which greatly affected X.

Is also noteworthy, the fact that X’s mother lives somewhere in [A Province] and that she has been absent for most of her son’s life. Accordingly, the goal of the last court order was to stabilize X while allowing the father time to address his issues regarding his alcohol consumption. [ 6 ] Since the last judgment, the mother hasn’t given any news to X. As for the father, his situation remains unchanged. He denies having an alcohol problem but at the same time acknowledges that his drinking has had an impact on his son. Their relationship remains somewhat distant and tainted by the father’s drinking.

They seldom visit one another. [ 7 ] From the father’s testimony, the Court understands that he somewhat feels negatively judged by everyone in regards to his alcohol consumption. [ 8 ] During the last months, X has been displaying behavior problems notably in school. He was suspended on a few occasions

either for fighting, being disruptive in class or for non-performance. He is presently under a suspension until the beginning of February and required to study from home one subject. He also faces criminal charges of break and entering and theft stemming from events which occurred in 2014. [ 9 ] X’s aunt, Mrs C, is able and still willing to care for X. The applicant is hopeful that the father will seek the help he needs regarding his alcohol consumption, thus being able to mend his relationship with his son. [ 10 ] We are now at the end of the measures ordered in April.

The proposed measures are necessary to ensure X’s stability. However, it is difficult to share the applicant’s optimism regarding the father’s capacity to properly exercise his parental responsibilities in light of his denial about his alcohol problem. As painful as it may be and despite the Court’s empathy, the father must first admit his addiction. As X displays some behavioral disturbance, he needs a strong father figure. [ 11 ] Moreover, it would be unfortunate if X didn’t seize the opportunity given to him by his aunt.

He must reflect on his behavior, learn to accept authority and comply with rules. [ 12 ] Lastly, the Director of Youth Protection must support the aunt in her efforts in providing structure to the adolescent as well as accompany the father in a possible awareness process. [ 13 ] After considering the evidence and the admissions, the Court determines that the application is well-founded and that the orientation put forth reflects the adolescent’s best interests.

FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the petition; [ 15 ] DECLARES that the security and development of the adolescent remain in danger; [ 16 ] ORDERS that the adolescent be entrusted to a closeness foster family operated by Mrs C until the end of December 2016; [ 17 ] ORDERS that an a institution or body provide aid, counsel or assistance to the adolescent, his parents and to Mrs C until the end of December 2016; [ 18 ] ORDERS that the father actively participates in the measures designed to put an end to the situation; [ 19 ] ORDERS that the father seeks counselling for his drugs and alcohol consumption for as long as deemed necessary by the professionals; [ 20 ] ORDERS that the father be sober in the presence of his son; [ 21 ] ORDERS that the father does not drink or use drugs in the presence of his son; [ 22 ] ORDERS that the adolescent attends school on a regular basis; [ 23 ] ORDERS that the visits between the adolescent and his parents be supervised by the Youth Protection and that the DYP be informed of the visit ahead of time; [ 24 ] ORDERS that the adolescent receives all health services required by his situation; [ 25 ] ORDERS that the father reports to the DYP at regular intervals; [ 26 ] ALLOWS the exchange of information between all professionals implicated in the family’s life as to the evolution of the situation in general, the client-professional privilege will remain for the rest; [ 27 ] ORDERS that the police force collaborate for the execution of the present orders; [ 28 ] ORDERS that the situation of the adolescent be in the care of the DYP to carry out the present order. __________________________________ NANCY McKENNA, J.C.Q.

M e Julie Lemire Lemire, Gaouette & Martel Centre intégré de santé et de services sociaux Lawyer for the DYP M e Daniel Ouellette Legal Aid Lawyer for the adolescent M e Sébastien Lebel Lawyer for the father

Date of hearing: January 20, 2016