2015 QCCQ 20806, 2015 QCCQ 20806

Protection de la jeunesse — 157282 2015 QCCQ 20806 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000018-152 DATE: August 31, 2015 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 1999 [SOCIAL WORKER], 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 ______________________________________________________________________ JUDGMENT (sections 38, 75, 76.1, 79 and 91 of the Youth Protection Act , CQRL, 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 submitted a motion for protection concerning the situation of X, born on [...], 1999. [ 2 ] The teenager was present and represented by Mtre. Yan Massé. The mother was present the morning of the hearing.

She briefly met with her lawyer but did not remain until the end of the meeting in order to give a mandate to Mtre. Myriam Gaudreault. She left the Courthouse and did not come back for the hearing. [ 3 ] The teenager admitted the allegations in the motion, except for paragraph 4.26.

She stated that her sister Y is 17 years old and lives with her mother. [ 4 ] She also agreed with all the recommendations contained in the social report filed under D-2 in the Court file. [ 5 ] The admissions provided the Court with the basis for declaring the security and development of the teenager in danger for the following reasons: − The youth X disclosed having been hit by her mother with a stick, toys or anything that comes to hand; − The mother admitted having hit her daughter and being sometimes verbally abusive toward her; − There is a lack of food at home and X does not have breakfast before going to school and sometimes she does not have food for supper; − The youth was not properly dressed for the winter and the foster home had to buy winter clothing and boots for her; − The mother has alcohol-related issues.

She drinks with friends at any time during the day; − The youth’s room does not have heat during the winter and does not have a blanket, either; − The youth does not attend school regularly and she has accumulated numerous absences.

The mother does not provide supervision or support for her daughter’s schooling; − The mother does not cooperate with the youth protection worker and refuses to receive follow-up or any kind of service; − The teenager self-mutilated in the past. [ 6 ] In the light of the evidence, the Court must declare the security and development of the child in danger because the mother neglects her parental responsibilities and fails to meet the basic needs of her daughter under

section 38(b)(1)(

i) of the Youth Protection

Act (YPA). [ 7 ] The mother also fails to provide appropriate supervision and support to ensure the child’s schooling (38(1)(b)(iii) YPA). [ 8 ] Given the evidence, the teenager’s security and development must be declared endangered under

section 38(

e) YPA because she is subjected to unreasonable methods of upbringing by the mother. There is also a risk of the child’s being subjected to unreasonable methods of upbringing under

section 38(e)

(2) YPA. [ 9 ] Finally, considering the mother’s way of life, her recurrent alcohol issues and the absence of any motivation to resolve these problems, the risk of neglect is a ground for declaring the child’s security and development in danger pursuant to

section 38(b)

(2) YPA. [ 10 ] As for the applicable measures to put an end to the situation, the teenager agrees to be placed for a period of 12 months, with possible reintegration with her mother after 9 months, if the situation allows. [ 11 ] This possible reintegration depends a great deal on the mother’s cooperation with the Director of Youth Protection and her motivation to change her way of life. If the mother does not show any intention to change, it will be important to foresee a measure that ensures stability and security for her daughter.

FOR ALL THESE REASONS, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES the security and development of X, born on [...], 1999, endangered; [ 14 ] ORDERS the placement of the child in a foster family for a period of 12 months, with possible reintegration after 9 months, if the situation allows; [ 15 ] ORDERS that aid, counselling and assistance be provided to the child and her mother for a period of 18 months; [ 16 ] ORDERS that the visits between the child and her mother be supervised by the DYP as to frequency and terms; [ 17 ] ORDERS that the child attend school regularly; [ 18 ] RECOMMENDS that the mother take the necessary steps to receive services for her alcohol and drug abuse issues; [ 19 ] ENTRUSTS the situation of the child to the Director of Youth Protection, who shall then see that the measures are carried out; [ 20 ] ORDERS the execution of the present decision by any police officer, if so requested; [ 21 ] RECOMMENDS that the mother be assessed by a psychologist and follow the recommendations of that professional regarding her personal issues. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Yan Massé For the child Mtre. Suzanne Arpin For the applicant Date of hearing: July 9, 2015