2018 QCCQ 13804, 2018 QCCQ 13804

Protection de la jeunesse — 1810812 2018 QCCQ 13804 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000872-181 DATE: October 29, 2018 (written judgment rendered on January 11, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2002 [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 95 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 review a decision rendered on April 17, 2018, regarding the youth X, born on [...], 2002.

At that date, the Court declared the security and development in danger and ordered that the youth be maintained with his parents until October 31, 2018. [ 2 ] The DYP submits that the security and development of the youth continue to be in danger and recommends that the youth be entrusted to a foster family until April 18, 2019. [ 3 ] The parents are present and represented by Me Neptune. They recognize that the security and development of their child are still in danger and they agree with the measures. [ 4 ] X is absent because he has an exam at school but he is represented by Me Tommasel.

He agrees with the measures. Historical situation [ 5 ] X and his family were followed by the Youth Protection services from June 2013 to June 2015 for neglect, physical abuse and psychological ill-treatment. Around the end of those voluntary measures, it started to be difficult to reach the parents but considering the situation was getting better, the file was closed. [ 6 ] In September 2017 , the mother called the emergency line. She had an argument with X because he did not go to school anymore. She was overwhelmed with the situation and asked for help.

She also revealed that the father had been violent towards X. [ 7 ] On April 17, 2018 , the situation was submitted to the Court. Justice Gravel declared that the security and development of X were in danger and maintained him with his parents. The Court ordered that the family receive the services of an external educator and order that X receive services for anger management and drug consumption issues. [ 8 ] On September 13, 2018 , a provisional order was rendered because X refused to go back home. The Court entrusted him to a foster family.

Facts [ 9 ] Since the decision rendered on April 17, 2018, the situation at home is getting worse. The parents are still displaying alcohol consumption issues. When they have money, they drink few days on a raw, so no one is available to take care of X, to make sure that he is going to school and to do the grocery. In June 2018, upon his request, X went to live at his uncle for one week following a crisis at home.

[ 10 ] During the summer 2018, X and his parents went to City A and the family enjoyed this trip. X appreciated that his parents were able to control their consumption during that time. [ 11 ] When they were back, on August 25, 2018, X had to call the police because of a conjugal violent event between his parents. He put charges against his father because his mother refused to do. It was not the first time that X intervened to protect his mother. Once at the police station, a social worker from the hospital took care of X and entrusted him to his best friend’s parents’ place.

Despite the decision rendered by Justice Gravel, the DYP was informed few days after, and seized the Court in September. [ 12 ] The mother benefits from a follow-up with a psychologist and made steps to go to therapy at [centre A]. She would like to go after Christmas. The parents recently went together to a healing conference at [centre B]. [ 13 ] X is still at his best friend’s place. According to the DYP this environment is very positive for him. He knows this family very well because he lived there on and off since he is a toddler. X is doing very well there and is going to school every day.

The foster parents are happy to have him at home and consider him as a model for their biological son. [ 14 ] As this family is living in the same community, X can have frequent access with his parents. He decides when he wants to see them. [ 15 ] X is described as very mature, with good learning capacities and very resourceful. He goes to the dump to find old bikes and parts to repair it and to build new one. He is able to express his emotions, he is resilient and he knows very well what is good and bad for him.

He is very sad by his sister’s suicide. [ 16 ] The collaboration between the parents and the DYP is good but it’s difficult for them to take steps to resolve their issues.

They admit being tired of having the DYP involved in their life. [ 17 ] Asked by the Court if an external educator was present in the family, the DYP worker explained that no one was assigned, so no services were offered despite the order from the Court. [ 18 ] Questioned about the anger management follow-up ordered for X, the worker answered: “To be honest, I was away during this time so I cannot say why it was not offered but from my understanding of the situation, X’s anger problem is mainly when he is facing a situation when his parents are intoxicated.

It’s not a problem in everyday life.” She added: “It happens when his parents are intoxicated, so I think it’s normal to be angry at this time.” Analysis [ 19 ] The message send by X is very clear: he loves his parents and wants them to change their way of life. The mother took steps to receive services and to go to treatment. It’s important that she go as scheduled to be able to come back stronger. [ 20 ] The parents have to be encouraged and supported in those changes. They have their own issues, they suffered from their daughter's suicide and their son is growing up and prefers to live somewhere else.

The situation is not easy, and they will need a lot of support to success. [ 21 ] The Youth Protection services have to keep in mind the importance of the parents willing to change, to be supported. The objective of the Law is to aim the parents to raise their children. For that, they have the right to receive the appropriate services. [ 22 ] Since the last judgment, the situation is getting worse. But we are allowed to ask what would be the situation if the services from an external educator were offered as ordered and if X had received his follow-up for anger management and drug consumption issues.

The DYP worker does not have to comment on the decision rendered by the Court and to express if she considers it relevant or not. She has to apply the order and to help the family to receive the services. In April, X was at his parents’ place, and four months after, without any services, the situation was so bad then X refused to go back home. [ 23 ] The Court will recommend that the Commission des Droits de la Personne et des Droits de la Jeunesse make an investigation about the lack of services offered to this family.

FOR THOSE REASONS, THE COURT: [ 24 ] GRANTS the motion; [ 25 ] DECLARES that the security and the development of the youth X, born on [...], 2002, are still be in danger; [ 26 ] ORDERS that the youth be entrusted to a foster family; [ 27 ] STRONGLY RECOMMENDS that X be entrusted in the same foster family as he is actually knowing the family of his best friend; [ 28 ] ORDERS that X receives services for his anger management issues and a drug addiction assessment and follow-up if recommanded by the professional; [ 29 ] ORDERS that the youth and the parents take an active

part in the application of any of the measures ordered by the Court; [ 30 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 31 ] ORDERS that the youth attend a school or another place of learning or participates in a program geared to developing skills and autonomy;

[ 32 ] ORDERS that the parents remain sober in the presence of the youth; [ 33 ] ORDERS that the parents refrain from any aggression or violence in the presence of the youth; [ 34 ] RECOMMENDS that the parents seek help through the Social Services concerning their alcohol, drugs and personal issues; [ 35 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parent’s presence at appointments with professionals and their level of involvement in the services provided; [ 36 ] ORDERS that the contacts between the youth and the parents be supervised by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 37 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the youth and the family; [ 38 ] ORDERS the police to collaborate to the execution of the enactment; [ 39 ] RECOMMENDS to the Commission des Droits de la Personne et des Droits de la Jeunesse to do an investigate in this file and INVITES the Commission to make any recommendations any other; [ 40 ] ORDERS the clerk of the Court of Quebec, Youth Division to notify this decision to the Commission des Droits de la Personne et des Droits de la Jeunesse; [ 41 ] ENTRUSTS the situation of the youth, X, to the Director of Youth Protection A for the purpose of executing the order. [ 42 ] THE WHOLE until April 18, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Angèle Tommasel, attorney for the youth Me Cassandra Neptune, attorney for the parents Date of hearing: October 29, 2018