2018 QCCQ 19470, 2018 QCCQ 19470

Protection de la jeunesse — 1811591 2018 QCCQ 19470 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000907-185 DATE: October 30, 2018 (written judgment rendered on January 8, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2004 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother and B , residing and domiciled at [...] ______________________________________________________________________ JUDGMENT (Section 38 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to declare that the security and development of the adolescent X, born on [...], 2004, are in danger under

section 38 (b) (2) [1] of the Youth Protection Act and as measure, to entrust him to a foster family. [ 2 ] Both parents are present and represented by Me Léonard. They recognize that the security and development of the child are in danger under

section 38 (b) (2) and they agree with the measures. [ 3 ] The adolescent is absent but represented by Me Neptune and he agrees with the measures. Facts [ 4 ] The parents admit having an alcohol consumption problem. The police had to intervene on many occasions for conjugal violence events while they were intoxicated. Also, the mother was displaying suicidal ideation in the presence of the adolescent. [ 5 ] The parents are conscious of their situation and the impact on their five children.

The father came back from Town A where he completed a treatment program for addiction, and the mother is in Portage treatment Centre since the middle of August 2018. [ 6 ] The DYP offers services to the family since November 30, 2016, on voluntary measures. X is living with his aunt, Ms. C for several months, and he is doing very well. She is able to impose a structure. [ 7 ] X who is now 14 years old, does not like to go to school but he is doing very well. He is bilingual. A follow-up with a social worker at the CLSC was offered to him, but he does not want to meet him.

A new worker is available at school, and he will maybe accept to meet him. [ 8 ] The DYP worker raises some concerns regarding a possibility of hyperactivity. X was assessed and the psychologist concludes he needs a medication. A meeting with the parents is scheduled during the week to inform them about his exact needs. [ 9 ] On May 11, 2018, a request was made for an external educator, but the person assigned by the DYP did not fit well with the family, so a new request was made. The DYP planes to assign a new one, but the person recently arrived in Town B and the first meeting did not take place yet.

Analysis [ 10 ] The evidence shows that the parents are conscious about their addiction and that they take the necessary steps to resolve this matter. They realize the impact on their children and the Court encourages them to continue to work on their issues and seek for a post

therapy follow-up. [ 11 ] The adolescent has the chance to evolve in a safe environment with extended family members. [ 12 ] The situation of the youth is in danger and the measures requested are in his best interest. FOR THOSE REASONS, THE COURT: [ 13 ] GRANTS this application; [ 14 ] DECLARES that the security and development of the adolescent X, born on [...], 2004, are in danger under

section 38 (b) (2) of the Youth Protection Act ; [ 15 ] ORDERS that X be entrusted to a foster family chosen by the institution operating a child and youth protection centre, namely with Ms. C or the grandmother Ms. D and if necessary with Ms.

E who is not accredited as such, with a possible reintegration with the parents as soon as the situation allows it; [ 16 ] ORDERS that X receive health care and services required by his situation particularly regarding ADHD and personal follow- up; [ 17 ] ORDERS that the contacts between the adolescent and the parents be supervised by the Director of Youth Protection regarding frequency and modality; [ 18 ] ORDERS that the parents periodically report to the Director of Youth Protection on the measures they apply in their own regards or in the youth’s regard to put an end to the situation in which the security and development of the adolescent are in danger; [ 19 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 20 ] ORDERS that the parents remain sober in the presence of the adolescent; [ 21 ] ORDERS that the parents refrain from violent behaviour in the presence of the adolescent; [ 22 ] ORDERS that the youth, the parents and the foster families (or family members) receive the services of an external educator; [ 23 ] ORDERS that the parents continue to seek help through Social Services concerning their alcohol and personal issues; [ 24 ] ORDERS that person working for an institution or body, provide aid, counselling or assistance to the adolescent and his parents; [ 25 ] ENTRUSTS the situation of the youth, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 26 ] ORDERS the police to collaborate to the execution of the enactment; [ 27 ] THE WHOLE until October 31, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Me Marianne Léonard, attorney for the parents Date of hearing: October 30, 2018