2016 QCCQ 7731, 2016 QCCQ 7731

Protection de la jeunesse — 163234 2016 QCCQ 7731 JM2505 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] N° : 505-41-008226-161 DATE : June 6, 2016 ______________________________________________________________________ PRESIDED BY : THE HONORABLE LYNE MORIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A, Petitioner -and- X , born on [...], 2000 Child-respondent -and- A Mother-respondent -and- B Father-respondent ______________________________________________________________________ J U D G E M E N T Section 95(1) 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 (the Director) presents a Motion for Revision of a Court Decision rendered on March 15 th 2016. [ 2 ] Following that decision, the Court ordered that the child be entrusted to her sister, C, until August 15 th 2016. The Court also ordered that the child and her family receive aid, counselling and assistance until December 15 th 2016. [ 3 ] The Director recommends that the child be entrusted to her mother for a period of four (4) months.

[ 4 ] The father is absent. He lives in Town A. He is aware of the recommendations of the Director and has given his agreement to these . The Court proceeds in his absence. [ 5 ] The mother and the child agree with the measures sought by the Director. [ 6 ] Until March 29 th 2016, the child stayed at her sister’s domicile.

At that date, Ms C called the Director to report that she could no longer handle the child’s behaviour. [ 7 ] She stated that despite her best efforts, she couldn’t manage the child. [ 8 ] On April 8 th 2016, Judge Authier entrusted the child to her mother with some conditions to respect namely she was forbidden to consume alcohol and drugs and she had the obligation to attend school every day. She also had some curfew to respect. [ 9 ] Since the child has remained with her mother, her situation has evolved positively.

The mother reports that her daughter has been following the curfew and that she goes to school every day. The mother also reports that her communication with her daughter has improved. [ 10 ] The child began meeting with her addictions worker, on April 20 th . The sessions are going well. For the next sessions, the goal will be to include the mother, as a great deal of the difficulties they experience do not only have to do with the child’s use and behaviour, but with ongoing tensions which exist in their relationship as mother and daughter. [ 11 ] At school, the child is doing well academically.

She is currently in 9 th grade. For the summer, she has the intention to work at her grandmother’s store. [ 12 ] Concerning the mother, she has met with the worker on a regular basis since the last Court date. She continues to seek her own individual services through the Family and Wellness Centre in Kahnawake. She is ready to work on her relationship with her daughter. [ 13 ] The child has not seen her father for a long period of time. She speaks with him occasionally.

The father is not involved in the current situation. [ 14 ] In the following months, the Director will provide to the mother and the child, support in order for them to continue to work on their relationship. The mother has to develop ways of coping when the child misbehaves. [ 15 ] Given the admissions and the content of the report, Court is satisfied with the evidence adduced regarding the allegations. The proposed measures are in the best interests of the child.

FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and the development of the child are still in danger for the following reason: • 38f): serious behavioural disturbances; [ 18 ] ORDERS that the child be entrusted to her mother; [ 19 ] RECOMMENDS that the child follow the rules set forth by the mother; [ 20 ] RECOMMENDS that the child refrain from consuming alcohol, drugs or other toxic substances; [ 21 ] ORDERS that the child continue to engage with her addictions response worker and follow recommendations and that Ms A partake in the child’s addiction counselling sessions as needed; [ 22 ] ORDERS that the child attend school on a daily basis until the end of the 2015-2016 school year, and in 2016-2017, to attend school and or be gainfully employed; [ 23 ] RECOMMENDS that Ms A continue with her own individual services and follow recommendations; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 25 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present order. [ 26 ] THE WHOLE for a period of four (4) months. ________________________________ Lyne Morin , J.C.Q.

Me Anne-Catherine Bujold Attorney for the Director of Youth Protection

Me Charlotte Vanier-Perras Attorney for the child Hearing date: June 6, 2016