2016 QCCQ 9802, 2016 QCCQ 9802

Protection de la jeunesse — 164184 2016 QCCQ 9802 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] «Youth Division» N° : 505-41-008226-161 DATE : March 15, 2016 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on […], 2000 [Social Worker] , in capacity authorized person by the Youth Protection Director Declarant and A, B, Parent of the child 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 11.2.1 and 135 Y.P.A. ] [ 1 ] The Court is ask to make a determination on a declaration of protection according to

section 38 of the Youth Protection Act. [ 2 ] In support of demand, the declarant alleges that the security and development of the child are compromise for the following reasons: “

a) On November 8 th , 2015, the Director has received a report concerning a situation of serious behavioural disturbance;

b) At that time, the relationship between the child and her mother was characterized by escalating conflicts;

c) On November 17 th , 2015, upon agreement, a rules contract was established and the child went to live with her older sister to provide the mother a respite and stabilize the situation;

d) On November 23 rd , 2015, the child returned to her mother’s home;

e) On November 26 th , 2015, the mother verbalized that things were going well with the child and that she was following the rules and attending school;

f) On November 27 th , 2015, the Director has received a second report concerning a situation of serious behavioural disturbance;

g) From November 27 th , to December 11 th , 2015, several attempts to contact the mother were made without success;

h) On December 15 th , 2015, the mother and the child did not attend the appointment made with the social worker and did not re-

schedule it;

i) On December 22 nd , 2015, the mother presented at social services office and verbalized she was overwhelmed and wanted assistance to have the child go to a group home in Town A;

j) The mother verbalized that the child was adopting the following behaviours: i. She was skipping school; ii. She was using drugs; iii. She was not being accountable on her whereabouts;

k) On December 23 rd , 2015, the mother verbalized that she has found drug paraphernalia in the child’s room and pills in her purse;

l) The pills were brought by the mother and the social worker to the police station and they verbalized they believed it was heroine;

m) On December 22 nd , 2015, the child has left the house without saying where she was going;

n) The social worker found the child at a friend’s house and she was refusing to come home, police assistance was requested to accompany worker to pick up the child;

o) The child verbalized she has been selling drugs for the last two (2) months and has missed the last five (5) days of school;

p) On the same day, the child refused to go live with her sister;

q) While arrangements were being made to place the child in a reception center, she absconded from the social service building;

r) During the evening, the peacekeeper were able to locate the child and she was placed in a group home;

s) On December 28 th , 2015, the child was maintained in a group home according to an extension of immediate protective measures;

t) During the holidays, the child has had contacts with her mother and her siblings;

u) On January 4 th , 2016, during a meeting with the social worker, the child has verbalized that she would like return home, but she doesn’t acknowledge that her behaviours are problematic;

v) During the same meeting, the mother has verbalized that if the child returns home, her behaviours would likely continue and maintained that she would like the child to get help and would like to work on their relationship;

w) The mother offers a good collaboration with the services;” [ 3 ] The father, well be informed of the hearing, is not present. The Court proceeded in his absence pursuant to

Article 77 of the Act on the protection of youth. [ 4 ] The child, by her attorney, admits most of the allegations of the declaration and agrees to the conclusions that she will be entrusted to her sister C. [ 5 ] The mother, through her attorney, admits all the allegations of the declaration and agrees to the amended conclusions. [ 6 ] By consentent of the parties, the following reports are filed: D-3: Court report for 38 Hearing, written by [Social Worker], dated on February 2 nd , 2016 ; [ 7 ] Therefore, on January 5 th , 2016, X has been entrusted to her sister and she has to respect a rules contact. [ 8 ] Since she has been living with her, she shows a motivation and capacity for change.

She was been abiding by the rules contact and has been meeting with the caseworker regularly. [ 9 ] The mother continues to work on her individual needs and she recognizes the necessity to re-establish a positive connection with her daughter before she should be able to return home. [ 10 ] In view of the partie's admissions and the content of the reports filed by consent of the parties, the Court is satisfied that the proof has been made on all the allegations of the declaration and therefore: [ 11 ] GRANTS the present motion; [ 12 ] DECLARES that the security and the development of the child X are in danger; [ 13 ] ENTRUSTS the child to her sister, C, from today until August 15 th , 2016; [ 14 ] ORDERS that the child be entrusted to her mother from August 15 th , 2016; [ 15 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and her family; [ 16 ] ORDERS that the contacts between the child and her parents be determined following agreement between the parties;

[ 17 ] ORDERS that the child and the family participate actively in the measures to correct the situation and more particularly that they implicate themselves in the intervention plan and that they meet with the caseworker to set up consistent rules and structure and to review progress; [ 18 ] ORDERS that the child attend school daily; [ 19 ] ORDERS that the child receive the health care an health services required by her situation, namely that she meet with an addiction worker on a regular basis and follow recommendations; [ 20 ] RECOMMENDS that the child and her mother participate to family therapy and follow recommendations; [ 21 ] RECOMMENDS that the mother continue to receive individual support services and follow recommendations; [ 22 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment to intervene herein; [ 23 ] THE WHOLE until December 15 th , 2016; [ 24 ] THE WHOLE without costs. __________________________________ MIREILLE ALLAIRE, J.C.Q.

Me Charlotte Vanier Perras Attorney for the child Me Anne-Catherine Bujold Attorney for the declarant