2011 QCCQ 6230, 2011 QCCQ 6230

Protection de la jeunesse — 111377 2011 QCCQ 6230 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 105-41-000296-104 DATE: February 7, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Adolescent and A and B Parents and C Intervening party ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for protection purpose in respect of X (1995 […] ) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts :

a) the parents are separated since many years ;

b) the mother and X lived with Mr C for approximately 8 years ;

c) Mr C always treat X as his daughter ;

d) Mrs B and Mr C broke up 5 years ago but they were in a on and off relationship since then ;

e) Mr C is living with his parents since around 5 years in town A ;

f) even, if they were not in conjugal relation, they were getting along for the well-being of the children ;

g) with Mrs B and Mr C it was very hard to find the true story ;

h) on November 6, 2010, Y and X were at Mr C place's and they were suppose to go back to their mother on Sunday ;

i) on November 6, 2010, the mother went to Mr C house and she was totally disorganized and hysterical ;

j) the children were inside the house and they were very scared; they were crying ;

k) the mother broke a window with her arms ;

l) the police has to intervene and the mother left the house in ambulance ;

m) the police officer who went to the father house notes that the place was very insalubrious but at the mother place's it was worst, food all over, very dirty, messy and they were many failures, animal faeces on the floor, garbage all over outside ;

n) on Monday, Y and X refused to go to school because they were scared to be pick up at school by their mother ;

o) X and her mother argue a lot and X doesn't feel secure at home, she said that her mother is very impulsive ;

p) on November 15, 2010 we went at the mother's house and we also observed that it was very neglect and messy outside ;

q) at a meeting with the school, we learned that the school had to feed X and Y many times ;

r) t he school also informed us that the children were often not clean ;

s) this year, the school give X, shampoo, shower gel, hygienic pads, deodorant, clothes and they were giving her food ;

t) on November 22, the external educator went with Y and X to buy winter clothes and boots ;

u) on November 24, at the orientation table, the mother proposed that her children lived for six months at Mr C place's to give her the necessary time to work on her personnel issue ;

v) at the end of the meeting, we informed Mrs B and Mr C that we were proposing a placement in foster family and not to discuss that now with the children ;

w) on November 29, we were informed that the mother discussed the placement with X and that upset her ;

x) t he mother refused to recognize the neglect situation and blamed Mr C for the problems ;

y) o n December 12, X, her boyfriend and Y went at their mother's place for supper, the mother argued with X and X called Mr C to come get them ;

z) l ast year, X received a follow-up by a social worker from the CLSC ; aa) X said that she has low grades in school because she is to worry about her situation and she is not disposed to learn ; bb) Y has serious difficulties to learn and needs special services ; cc) the father is not understanding the special needs of Y ; dd) the father's environment is able for a short period to respond to the children basis needs ; ee) there is still exist an important custody conflict between Mrs B and Mr C ; ff) the children needs to have responsible adults to respond to all their needs, stability and security ; gg) X has no contact with her biological father. [ 3 ] At the hearing, the adolescent and her mother are present with their lawyers while the father is absent and unrepresented. [ 4 ] Is also present Mr C who acts as X's paternal figure since a long time and to whom was granted the status of party by this Court at the outset of the hearing (file 105-51-000064-113). [ 5 ] The mother and Mr C admit most of the facts alleged at the petition while X admits the ones she has a personal knowledge of ; they all consent to the amended conclusions. [ 6 ] The Court studied the psychosocial report and its complement and examined a report from a school representative and a judgment of the Superior Court concerning the custody of X and the access rights. [ 7 ] Considering the reports and other documents as well as the position of the parties, the Court grants the petition according to the amended conclusions including the modifications ordered at the hearing.

WHEREFORE, THE COURT : [ 8 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 9 ] ORDERS that X be entrusted to Mr C ; [ 10 ] ORDERS that the contacts between X and her father be supervised by an intervener for as long as deemed necessary, taking into account the consent of X ; [ 11 ] ORDERS that the contacts between X and her mother be authorized and planned by the Director of youth protection for as long as deemed necessary with the participation of X, her mother and Mr C ; [ 12 ] ORDERS that X pursues her follow-up with the social worker from the CLSC as long as she will need it ; [ 13 ] ORDERS that X receives all the services that she needs to assure her development ; [ 14 ] ORDERS that the mother continues her follow-up for her personal issues on a regular basis ; [ 15 ] ORDERS that the mother and Mr C receive the support of an external educator as long as deemed appropriate by the Director of youth protection ; [ 16 ] ORDERS that the mother and Mr C submit themselves to a parental capacities assessment ; [ 17 ] ORDERS that the mother and Mr C participate actively in all measures suggested by the Director of youth protection in order to put an end to the situation of endangerment ; [ 18 ] ORDERS that the mother and Mr C be present at the meetings set by and with the Director of youth protection interveners ; [ 19 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and her family ; [ 20 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre de Jeunesse A until August 30, 2011, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Me Daniel Mill, for the adolescent Me Celestina Almeida,

for the mother Me Andrée Rioux, for the intervening party Mr A, the father (absent)