2015 QCCQ 10167, 2015 QCCQ 10167

Protection de la jeunesse — 151569 2015 QCCQ 10167 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: January 13, 2015 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X , born on […], 1999 640-41-001574-133 Y , born on […], 2002 640-41-001575-130 CHILDREN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR 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 presents a motion asking the Court to review and extend a decision rendered on June 13, 2013, by Judge Denyse Leduc, J.C.Q., who ordered the placement of the two teenagers in foster homes and that aid, counselling and assistance be provided to the family for a period of 18 months. The parents, both present, are represented by Mtre. Myriam Gaudreault and Mtre. Aubrée Coutanson represents the youths. Mtre.

Suzanne Arpin acts on behalf of the applicant. [ 2 ] At the end of the placement order, the children were reintegrated with their parents. [ 3 ] The parents admit all the allegations of the petition which are: • They show an interest in changing their lifestyle; • They are seeing a psychologist; • They still need to improve and agree to collaborate with a psycho-educator; • They are willing to attend a treatment centre, but to this day, no date has been confirmed. The parents stated that they are going to attend an anger management program in January 2015.

They plan to go to "A" Centre for alcohol related problems in the future, but one parent at a time so the other parent can take care of the youths; • They quit drinking three months ago and haven’t been intoxicated for one year; • At times, both teenagers still have problems abiding by the rules given by the parents; • Both teenagers do not attend school on a regular basis.

The parents said that Y won’t wake up; • When X is intoxicated, she speaks about suicide; • On October 21, 2014, X said that she wanted to die; • She was taken to the clinic to be assessed; • An appointment was scheduled with a psychologist, but X failed to show up;

• On July 12, 2014, Y said that he wanted to die and was taken to the clinic for an assessment; • Like his sister, an appointment was made with the psychologist, but Y never showed up; • The parents said that they are looking for a tutor to help with the schooling of both teenagers. [ 4 ] As for X, she missed the first appointment with the psychologist, but attended the next one, which was on December 6, 2014, with her parents.

The next appointment is scheduled in January 2015. [ 5 ] The parents would like that X attend the treatment centre in Town A for her alcohol related issues. [ 6 ] The Director of Youth Protection filed the revision report written by the applicant. Mrs. [Social Worker 1] also testified. She informs the Court that Y came to her office on December 2, 2014, crying. He declared that his father slapped him across the face and kicked him in the legs. When Y was asked why his father did that, he wasn’t sure about the reason.

Y was placed in a foster family for the night in order to assess the situation. [ 7 ] The Social Worker met with the parents the following day and the father acknowledged that he had slapped his son because this one did not obey when he asked him to turn off the Xbox. [ 8 ] Both parents were honest with the Social Worker and acknowledge that they need more tools in order to impose their authority.

To improve the situation, Mrs. [Social Worker 1] is of the opinion that the psycho-educator should go at least once a week to meet with the family, but the best situation would be twice a week . [ 9 ] The evidence also reveals that schooling and abiding by the school rules are difficult for Y and there are suspicions that it could be caused by Foetal Alcohol Spectrum Disorder. The Court was told that it would be possible to have the situation assessed within four months. [ 10 ] The parents are in agreement with the recommendations made by the Social Worker for both teenagers. Mtre.

Coutanson, on behalf of the youths, declares that they also agree with the recommendations. [ 11 ] The Court has to stress out the fact that both parents offered a good collaboration and the familial situation clearly improved since the last judgment. It will be important for them to continue to offer the same collaboration for the well-being of the family. [ 12 ] Both youths also have to collaborate with the psycho-educator. [ 13 ] Communication between the members of the family also has to be improved.

A psychological assessment for X would help in order to know the best way to intervene with her and to adapt the explanations given to her regarding rules, schooling and parental authority. [ 14 ] For these motives, the Court: [ 15 ] GRANTS the motions; [ 16 ] DECLARES that the security and development of X and Y are still endangered; [ 17 ] EXTENDS and REVIEWS the last Court decision; [ 18 ] ENTRUSTS both teenagers to their parents; [ 19 ] ORDERS that aid, counselling and assistance be provided to the family until June 30, 2015; [ 20 ] ORDERS that Y be assessed by a paediatrician for Foetal Alcohol Spectrum Disorder within the best delay ; [ 21 ] ORDERS that X be assessed by a psychologist within the best delay; [ 22 ] ORDERS the implementation of the recommendations of the professionals in the best delay; [ 23 ] ORDERS that the parents attend an anger management program; [ 24 ] ORDERS that the parents take the necessary steps in order to be and remain sober; [ 25 ] ORDERS a follow-up of the family by a psycho-educator in order to increase parental skills and to improve the youths’ behaviour and this, on a regular basis; [ 26 ] ORDERS that both parents continue their psychological follow-up for as long as deemed necessary by the professionals; [ 27 ] ORDERS that the parents and the youths collaborate with these services; [ 28 ] ORDERS the parents to report periodically to the Director of Youth Protection on the measures they apply to put an end to the situation that endangers the security and development of both teenagers; [ 29 ] ORDERS that X and Y attend school on a regular basis and ORDERS the parents to take the appropriate measures to make their children go to school; [ 30 ] ORDERS the parents to inform the Social Worker every time their children miss school;

[ 31 ] AUTHORIZES the Director of Youth Protection to make unannounced visits at home; [ 32 ] RECOMMENDS that the parents request that their daughter attend a treatment centre and that she be assessed in order to determine if she has a problem with alcohol or any other intoxicating substance; [ 33 ] AUTHORIZES all professionals providing services to the family to provide information to the Director of Youth Protection concerning the evolution of the situation of their respective clients; [ 34 ] ENTRUSTS the situation of X, born on […], 1999, and Y, born on […], 2002, to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Suzanne Arpin Arpin, Gaudreault Attorneys Counsel for the applicant Mtre. Myriam Gaudreault Counsel for the parents Mtre. Aubrée Coutanson Centre communautaire juridique A Counsel for the teenagers Date of hearing: Decembre 11, 2014