2013 QCCQ 9323, 2013 QCCQ 9323

Protection de la jeunesse — 132236 2013 QCCQ 9323 JG2072 COUR DU QUÉBEC CANADA PROVINCE DE QUÉBEC DISTRICT […] «Youth Court» N° : 505-41-007271-135 DATE : May 30 th , 2013 ______________________________________________________________________ PRESIDED BY : THE HONOURABLE MARIO GERVAIS ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of youth protection of le centre de jeunesse A , Petitioner -and- X, born[…], 1998 Child-respondent -and- A Mother-respondent -and- B Father-respondent ______________________________________________________________________ J U DG M E N T

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 hereby confirms and provides reasons for a decision rendered verbally at the hearing of May 30 th , 2013, in accordance with the provisions of

Section 90 of the Youth Protection Act . [ 2 ] The Director of youth protection, acting through a duly authorized youth protection worker, (the Director) petitions the Court with a Motion for protection, according to Sections 38 of the Youth Protection Act , in the matter of the child X , born […] , 1998. [ 3 ] Essentially, the Director alleges that the security and development of the child are compromised for the following reasons: ➢ The mother is failing to provide the child with the appropriate supervision or support and to take the necessary steps to provide the child with schooling; ➢ The child displays serious behavioural disturbances; ➢ Non-school attendance from the child under

Section 38.1 of the Youth Protection Act . [ 4 ] The Director recommends mainly the placement of the child in an institution operating a reception center for a period of six months and a social follow-up for a period of one year. [ 5 ] The parents admit most of the allegations of the Motion. They are in agreement with the measures recommended by the Director. [ 6 ] The child admits most of the allegations of the Motion. She agrees with the measures recommended by the Director, but would prefer her placement to end in August 2013. [ 7 ] The evidence reveals that the parents separated about eight years ago.

The child’s custody was attributed to the mother. [ 8 ] The child displays the following serious behavioural disturbances: ➢ She runs away from home; ➢ She consumes drug; ➢ She hangs out with negative peers, some of them being street gang members; ➢ She entertains a relationship with C. This boy is controlling and violent towards the child; ➢ She misses school regularly. She is currently failing grade 9 because of her poor attendance record; ➢ She has a history of suicidal thoughts and self-mutilation; [ 9 ] The mother lives with her boyfriend. They both consume marihuana every day.

The mother also consumes alcohol. [ 10 ] The mother does not set clear rules in her household. She does not offer a structured environment. [ 11 ] The mother and her boyfriend entertain a conflictual relationship at times. The child complains of being exposed to their arguing and violence, which increases her stress. Their substance abuse exacerbates their conflict. [ 12 ] The insufficient supervision and support to the child from the mother and the quarrels between the mother and her boyfriend are exacerbated by their substance abuse. [ 13 ] In February 2013, the child showed a great despair.

She once called her mother for support and to be taken to the hospital. The mother neglected to do so and did not measure the importance of the child’s distress. [ 14 ] Social services were offered in the past. In 2012, the family received the services of a social worker from the CLSC (CAFE program). The child did not cooperate with the assigned social worker. [ 15 ] The child was also referred twice to a psychologist because of her suicidal thoughts.

Appointments were made, but the child just did not show up. [ 16 ] The child has a medical follow-up from Dr David Martin concerning her depression symptoms. [ 17 ] As for the father, his contacts with the child are irregular. He argues that after a very conflictual divorce, the mother made obstacles to his contacts with the child. [ 18 ] On March 11 th , 2013, the Court ordered a provisional placement of the child in a foster home.

Such a placement has proven to be improper to fulfill the child’s need since she did not respect the rules, missed school, ran away and displayed the suicidal thoughts and self-mutilation. [ 19 ] On May 9 th , 2013, the Court ordered a provisional placement of the child in a reception center. Even in that environment, the child ran away. [ 20 ] The situation of the child requires her placement in a reception center for a significant amount of time. The child needs structure and to learn to function with limits and boundaries.

During such a placement, t he mother needs to improve her parental abilities. [ 21 ] WHEREFORE, THE COURT:

[ 22 ] GRANTS the present motion; [ 23 ] DECLARES that the security and the development of the child X are in danger under Sections 38 b) 1°) iii) and 38f) of the Youth Protection Act ; [ 24 ] ORDERS that the child be entrusted to an institution operating a rehab centre for six months ; [ 25 ] ORDERS that the contact between the child and C be upon agreement of the parties in the presence of a third party chosen by the Director; [ 26 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and her family for a period of one year ; [ 27 ] ORDERS that the child and her parents take an active

part in the application of the measures ordered; [ 28 ] ORDERS that the child receive all health care and health services required by her state, namely a psychiatric assessment as recommended by her psychiatrist; [ 29 ] ORDERS that the contact between the child and the parents be upon agreement of the parties and that the contact of the child and her siblings be favorised; [ 30 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of Le centre de jeunesse A for the execution of the measures. ________________________________ Mario Gervais, J.C.Q. M e Attorney for DYP M e Jean-Pierre Gaudreau Attorney for the child