2019 QCCQ 15085, 2019 QCCQ 15085

Protection de la jeunesse — 194661 2019 QCCQ 15085 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] “Youth Division” No.: 650-41-002205-124 DATE: May 28, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE LOUISE GALLANT, J.C.Q. ______________________________________________________________________ In the situation of: X Teenager and [SOCIAL WORKER 1], duly authorized by the Director of Youth Protection Applicant and A Mother ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW AND EXTENSION (Sections 95(1), 95(2) and 75 Y.P.A.) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Court is presented with an application for review and extension in the situation of X (16 years old). [ 2 ] The Court entrusted the teenager to her grandmother, Mrs. B, for six months. The Court took note that Mrs. B was living at [Mrs. C]’s place and allowed the teenager to go to therapy during this period.

Other measures appropriate to the situation were also ordered, including a psychosocial follow-up, that the mother stay sober in the presence of the teenager and that the mother report periodically to the Youth Protection social worker to inform her of her situation. [ 3 ] Since the last order, X has been entrusted to her grandmother, Mrs. B.

[ 4 ] They were living together at [Mrs. C]’s place but Mrs. C passed away on March 5, 2019. [ 5 ] The teenager went to therapy for a period of three weeks and she told the social worker she was now sober. [ 6 ] She has a boyfriend who is using drugs and alcohol. They pretty much live together. [ 7 ] The mother is in Town A and she doesn’t have a home. She is always moving from one place to another, between Town B and Town A. [ 8 ] The mother was stabbed three times and the teenager saw her with her injuries. [ 9 ] X is a teenager who has trouble expressing herself and managing her emotions.

She has poor self-esteem. [ 10 ] Before her therapy last February, she was smoking weed daily and abusing alcohol on occasion. She decided to leave the therapy home following her great-aunt [Mrs. C]’s passing because she missed her family too much. [ 11 ] Since she has been back from therapy, she says she is sober. [ 12 ] She is attending the School A . She has difficulties in almost all subjects. Her absenteeism is very high; however, when she returned from therapy, she showed renewed energy, stating that she would attend school every day.

But her good resolutions seem to have faded and she continues to be regularly absent from school. [ 13 ] On the relationship level, the teenager is able to connect with others. In fact, her great aunt’s death has been a significant loss for her because she meant so much to her, being a figure of stability and reassurance. The teenager continues to live in her great aunt’s house but states she does not feel as comfortable in it as before. [ 14 ] It is hard for the adolescent to maintain a routine and a healthy lifestyle.

She claims to be incapable of staying in class and remaining concentrated because her head is so full. [ 15 ] The difficulties X and her family have are worrisome. Despite the progress made by the adolescent and her entourage, it is still too early to know if these changes will last. [ 16 ] Despite her efforts to remain sober, X is still fragile. [ 17 ] As to her mother, she still drinks and is unstable.

She cannot cater to her daughter’s needs. [ 18 ] After assessing the situation, the Court concludes that the security and development of the teenager are still in danger within the scope of the Youth Protection Act due to the serious risk of neglect (addiction and instability of the mother) and due to the teenager’s serious behavioural problems (addiction and absenteeism). [ 19 ] The Court considers that this application is in the teenager’s interest and is well founded in fact and in law. [ 20 ] Therefore, the Court, with the consent of the parties, grants the application for review and extension.

FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application; [ 22 ] REVISES and EXTENDS the last order; [ 23 ] DECLARES that the security and the development of the teenager remain in danger; [ 24 ] ENTRUSTS the teenager to her grandmother, Mrs.

B, for a period of five months; [ 25 ] ALLOWS the adolescent to go to therapy, if such is her wish, during this period; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the teenager and her family for the same period; [ 27 ] ORDERS that the mother be sober in the presence of the teenager; [ 28 ] ORDERS that the mother report periodically to the Youth Protection social worker to inform her of the situation; [ 29 ] ORDERS the mother to inform the social worker when she leaves the community; [ 30 ] WITHDRAWS parental authority from the parents and AUTHORIZES the Director of Youth Protection or the person appointed by her to consent to the health care and services needed, to school activities and after-school activities and to cultural and sport activities during the present order; [ 31 ] ENTRUSTS the situation of the teenager to the Director of Youth Protection for the execution of the present order.

__________________________________ LOUISE GALLANT, J.C.Q. Mrs. Lyne Monger Counsel for the applicant Mrs. Chantal Gaudreau Counsel for the teenager Hearing date: May 28, 2019