2019 QCCQ 15040, 2019 QCCQ 15040

Protection de la jeunesse — 1911709 2019 QCCQ 15040 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] « Youth division »

N° : 614-41-000203-176 DATE : July 3, 2019 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X, born on [...], 2005 [SOCIAL WORKER 1] person duly authorized by the Director of Youth Protection A,( the Director) working in [...]; Applicant and A Mother And B Father ______________________________________________________________________ AMENDED JUDGMENT ______________________________________________________________________ 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.).

Introduction [ 1 ] The Court is seized of a motion in revision of a decision rendered on November 15, 2018 presented by the Director requesting that the security and development of the adolescent be declared still endangered for the reasons expressed in the motions. [ 2 ] In the previous judgement, Judge Denyse Leduc, ordered that the youth be entrusted to a foster home for a period of nine months, along with other measures, for a period of one year. [ 3 ] Since the above-mentioned decision was rendered, new facts have arisen. [ 4 ] Consequently the Director asks the Court to entrust the adolescent in a rehabilitation center, as well as other measures to ensure her security and development.

[ 5 ] The parents would prefer to have their daughter with them, the mother understands it is not possible right now and the father disagree with the recommendations. Question in litigation [ 6 ] Are the security and development of the adolescent still compromised and consequently does the Court can revise the previous decision? In the affirmative, do the recommended measures answer the needs of the adolescent and are they in her best interest? Context and Analysis [ 7 ] The youth is not really living at the foster home, she goes to her parent’s home and spend a lot of time there.

The parents do not respect the last judgment and do not send the child back to the foster home. [ 8 ] The youth is not attending school since the Holidays. [ 9 ] On January 5, 2019, the youth left the foster home in the middle of the night, the father first denies that his daughter was at home but finally admits she was there. [ 10 ] One of the youth’s brother drinks and regularly consumes drugs in the father’s home.

There is also conjugal violence between the youth’s older brother and his pregnant girlfriend who live at family home. [ 11 ] The mother reported that X smokes marijuana in the basement of the father’s home with her friends. She also drinks alcohol every week-end. [ 12 ] The mother drinks in the home to the point of intoxication while the youth is there.

Parents are unable to impose structure on X, who does not respect her parent’s authority and wants to do as she pleases. [ 13 ] On January 11, 2019, immediate protective measures were invoked and the child was entrusted to a rehabilitation centre, and as a matter of fact, three provisional judgments were rendered since January 11 th , 2019: on January 24 th , 2019, the Honourable Justice Lucille Chabot rendered a provisional judgement entrusting the child to a rehabilitation center.

The child was discharged from the rehabilitation center, and did not reintegrate the center, du to uncontrolled events in the rehabilitation center (riot).

On March 29 th , 2019, the Honourable Jacques Ladouceur, rendered a provisional judgment entrusting the child to the foster home, with very strict conditions and on April 18 th , 2019, the Honourable Francois Ste-Marie rendered a provisional judgement entrusting the child to a foster home, and, following the child’s agreement, a psychological evaluation. [ 14 ] Since May 7th, 2019 the youth was entrusted to a foster home (C), then was placed in another foster home on June 21 st . She left this foster home upset, on June 24 th , because she was asked to wash the dishes, and did not return that night.

Instead, she contacted her father and broke into the home of C with friends to party. The police and Youth Protection intervene and found the youth intoxicated, disrupted, threatening the Youth Protection Worker and out of control. [ 15 ] On June 25 th , 2019 at 9:30 PM, the youth returned to the replacement foster home and, immediate protective measures were invoked and she was entrusted to the rehabilitation centre in [Community A]; [ 16 ] The father thinks that because he had personal problems in the past, he knows his daughter and is the best person to take care of her.

He would like the youth to come back home now, as mother thinks it is too soon. The parents did not respect the previous judgements. [ 17 ] It will be premature to return the youth to her parents right now, because she needs a structure and stable environment. Her anger issues, her difficulty in respecting adult authority and her defiant and suicidal tendencies have to be addressed. She also needs to attend school. [ 18 ] Father needs to address is anger issues and mother still need to attend a treatment for alcohol issues.

THEREFORE AND FOR ALL THESE REASONS THE COURT: [ 19 ] GRANTS the applications; [ 20 ] DECLARES that the security and development of the adolescent are still endangered; [ 21 ] REVISE the decision or order rendered on November 15, 2018; [ 22 ] ORDER that the youth be placed in a rehabilitation center for a period of 9 months with integration after 6 months to the care of her parents, if the situation allows ;

[ 23 ] ORDERS that the youth attends school on a regular basis ; [ 24 ] ORDERS that the Director make sure that the youth receives a complete medical and psychologic al evaluation and follow the recommendations; [ 25 ] ORDERS the mother to seek treatment for her alcohol issues, as in the last judgement ; [ 26 ] ORDERS the mother to remain sober in the presence of X ; [ 27 ] ORDERS father to seek counselling to address his personal issues, including anger management ; [ 28 ] ORDERS the parents to ensure that the youth is not exposed to any individuals under the influence of alcohol or drugs during visits in their home ; [ 29 ] ORDERS the Director to determine frequency and modalities of contacts between the youth, and her parents, including supervision if deemed necessary, until she reintegrate her parent’s place; [ 30 ] AUTHORIZES the Director to obtain and share information with all service providers working with the family; [ 31 ] ORDER the adolescent to respect the authority of her parents and the rules of the house; [ 32 ] ORDERS that aid counsel and assistance be provided to the youth and her family for a period of one (1) year; [ 33 ] ENTRUST the situation of the youth to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 34 ] ORDER the execution of the present judgement by any peace officer. __________________________________ DOMINIQUE WILHELMY, J.C.Q.

Me Magdalena Lempicka Counsel for the Director Of Youth Protection Me Antoine Meunier Counsel for the youth Me Michel Grenier Counsel for the parents