2012 QCCQ 16941, 2012 QCCQ 16941

Protection de la jeunesse — 126588 2012 QCCQ 16941 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN A Youth Division DATE: November 19, 2012 ______________________________________________________________________ BY THE HONOURABLE CLAUDE BIGUÉ, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: N° s : 635-41-000414-117 X , born […], 2006 635-41-000415-114 Y , born […], 1998 ______________________________________________________________________ A Mother and [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of the B C.Y.P.C. working in A Petitioner ______________________________________________________________________ JUDGMENT ON REVISION (Section 95 Y.P.A.) ______________________________________________________________________ [ 1 ] This is petition pursuant to

section 95 of the Youth Protection Act [1] , concerning Y, 14 years old and his sister X, 6 years old. The Director is making two applications: that Y stay entrusted with his older sister, Z, and that X be fostered for one year. ISSUES RAISED: [ 2 ] The case proceeded by default, without the presence of the mother.

The mother’s lawyer informed the Court that the mother had fired him rudely: he was authorized to cease representing the mother. [ 3 ] As for the children, they were not present either, but they were represented by lawyer Myriame Gaudreault of the Legal Aid services. [ 4 ] The father is undeclared on the birth certificate. The alleged father did not show up, even if he had expressed his intention to be present. He did not take steps to be declared as a party, and he was not represented by a lawyer. [ 5 ] The main issues are not challenged. The Tribunal has to decide on how the previous judgment can be extended.

THE FACTS: [ 6 ] In her judgment rendered on June 12, 2012, Judge Nancy McKenna ordered a placement for three months and five days, specifically with a view to confirm the sister’s ability to provide a stable environment for Y on the mid to long-term.

As for X, the Court decided for a similar period of placement, in order to match the decision with the file concerning her brother Y. [ 7 ] There was also serious concern about the mother’s resistance to the proposed help and her confrontation with the Director’s staff. [ 8 ] The mother continued to display aggressive behaviour towards the Youth Protection workers. [ 9 ] The mother decided not to comply with the Court judgement. She continued to abuse alcohol and drugs. She even tore up the written motion when she was served with it. ANALYSIS: [ 10 ] The needs of X are respected in the foster family of A.

She had to be fostered in A since the mother kept harassing the foster families when the child was placed in her community. The girl is developing positively in a safe and adequate environment. [ 11 ] Y ended up living once again with his mother as the latter was residing at the same address as Y’s care giver, his sister Z. Z, 24 years old, showed to be actively involved in Y’s life. The youth demonstrated that he is sufficiently mature to judge a situation and place himself in a secure environment if necessary. He wants to stay with his mother and his sister, and from the assessment made by the

Director, the Youth Protection Worker considers that Y, a teenager, is safe and secure in his natural environment. [ 12 ] The mother has not addressed her issues, which endanger her children’s situation. Also, she is diagnosed with a borderline personality disorder. [ 13 ] B, the alleged father, is being detained in a penitentiary for a long sentence. [ 14 ] Mrs. Z and her current boyfriend cannot qualify as a foster family for the child X, at least at the present time. The boyfriend assaulted Z on at least three reported events in 2011 and 2012.

The Court reproduces paragraph 17 of Judge McKenna’s decision, because it is still relevant: «The next months will be determinative in order to confirm the sister’s capability to provide a stable environment for Y on the mid to long-term.

It will also allow the Court to find out if the mother’s attitude towards the proposed help remains the same, in which case measures to ensure the long-term stability of both children will have to be addressed.» [ 15 ] FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the two motions. [ 17 ] REVIEWS and EXTENDS the judgment rendered by Judge Nancy McKenna on June 12, 2012. [ 18 ] DECLARES that the security and the development of Y, born […], 1998 and X, born […], 2006, are still in danger. - Measures concerning both children: [ 19 ] ORDERS that the mother collaborate with the Director and with the C.L.S.C. in order to work on her personal issues and also on her parenting skills. [ 20 ] ORDERS that the mother receive a complete psychological evaluation and that she follow the recommendations of the professional. [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance, to the children and to their family, for a period of one (1) year. [ 22 ] ORDERS that the mother take an active

part in the application of the measures ordered. [ 23 ] ORDERS that any contacts between B and the children, if requested by him, be supervised by the Director as to the terms, the conditions and the presence of a third person. - Measures concerning Y: [ 24 ] ORDERS that the youth Y, be entrusted to his sister Z, for a period of one year. [ 25 ] ORDERS that the care giver Z and the mother A abstain from consuming alcohol and drugs when the youth Y is present, and also that they be sober at all times when the children are present. [ 26 ] ORDERS that Z collaborate with the Director. [ 27 ] AUTHORIZES unannounced visits by the Director at Z’s house. [ 28 ] ORDERS that the household be free of domestic violence when the children are present. - Measures concerning X: [ 29 ] ORDERS that the child X be entrusted to foster care for a period of one (1) year. [ 30 ] ORDERS that any contacts between the child X and the mother be supervised by the Director as to the terms and conditions. [ 31 ] ORDERS that the name and address of the foster family for X remain confidential. - In general: [ 32 ] ORDERS that the police collaborate in the execution of this judgment. [ 33 ] ENTRUSTS the children’s situation to the Director of Youth Protection for the purpose of executing the present judgment. __________________________________ CLAUDE BIGUÉ, J.C.Q.

Me Gabriel Gaudreault For the petitioner Me Myriame Gaudreault

For the children Date of hearing: September 19, 2012