2016 QCCQ 17112, 2016 QCCQ 17112

Protection de la jeunesse — 168159 2016 QCCQ 17112 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000721-164 DATE: December 14, 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2000 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, district A Applicant and A, residing and domiciled in Town A, district A Mother and B, residing and domiciled in Town A, district A Father ______________________________________________________________________ JUDGMENT ( sections 38 and 91 of the Youth Protection Act, R.S.Q. c.

P-34.1 ) ______________________________________________________________________ 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 , 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection A submits the Court a motion asking that the security and development of X, 16 years old, be declared in danger in regards of sections 38 b (2), c and f of the Youth Protection Act ( Y.P.A. ). [ 2 ] At the hearing, the mother and the youth are present assisted by Me Marie-Claude DeGagné and Me Joanie Jacob. Me Geneviève Apollon assists the applicant, Mrs. [Social Worker 1]. The father is absent.

The maternal grandmother is present with the parties consent. [ 3 ] The youth and her mother make few admissions and agree with the recommendations.

The grandmother accepts to assume the youth and is able to control her. [ 4 ] It is proved that in November 2015, the situation of X was brought to the attention of the D.Y.P. because the youth was having sexual intercourse with an older man, the mother had serious consumption issues and because the father was seem being verbally aggressive towards the youth. [ 5 ] Voluntary measures were signed on December 19, 2015, and the youth has been residing at her maternal grandmother’s house since.

The father only signed those voluntary measures last June 2016. [ 6 ] On June 18, 2016, the youth went at her mother’s place for visit but it was short because of the alcohol consumption of the mother. [ 7 ] On June 20, 2016, the social worker suggested that the youth go to the father’s place but she refused categorically. [ 8 ] The father does not collaborate with the social worker and the mother only collaborate when it pleased her. [ 9 ] The youth needs an attentive adult to structure her.

She needs to have a daily routine, to attend school regularly and to have a good behaviour. [ 10 ] Even if she cares for her sibling, the five children the mother had with her new spouse, she does not want to be the one who take care of them. [ 11 ] The youth does not feel like she has her place with both parents. She is not at ease with her father. [ 12 ] X agrees to remain with her grandmother. During her childhood, she spent years with her. She has a good relationship with her and accepts her authority. The grandmother offers good collaboration with the social worker.

[ 13 ] As recommended in the Social study, the services of an external educator will be offered to the youth and the grandmother to make sure that all appropriate structure are provided. [ 14 ] Meanwhile, the mother needs to seek help for her alcohol consumption and develop a positive relationship with her daughter.

For the father, he needs to improve his relationship with X and to develop his parental capacities. [ 15 ] Considering the evidence and the parties’ agreement with the measures; THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of X, born on [...], 2000, are in danger; [ 18 ] ENTRUSTS X to her maternal grandmother until June 30, 2017: [ 19 ] ORDERS the D.Y.P. to provide the services of an external educator to the youth; [ 20 ] ORDERS the D.Y.P. to provide aid, counsel and assistance to the youth and her parents until June 30, 2017; [ 21 ] ORDERS the parents and the youth to take an active

part in the application of the measures ordered by the Tribunal; [ 22 ] ORDERS the parents and the youth to report in person at regular intervals to the D.Y.P. to inform him of the current situation; [ 23 ] RECOMMANDS that the parents seeks help through social services for their consumption and personal issues; [ 24 ] ORDERS the D.Y.P. to supervise the contacts and visits between the youth and her parents as for frequency, duration and degree of supervision; [ 25 ] ORDERS the police to cooperate in the execution of this order; [ 26 ] ENTRUSTS the situation of the youth to the Director of Youth Protection A who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Joanie Jacob Attorney for the youth Me Geneviève Apollon Attorney for the applicant Me Marie-Claude DeGagné Attorney for the mother Date of hearing: November 7, 2016