2014 QCCQ 17829, 2014 QCCQ 17829

Protection de la jeunesse — 146065 2014 QCCQ 17829 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001550-133 DATE: October 28, 2014 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2001 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A , residing and domiciled in Town A, district A Mother and B , residing and domiciled in Town A, district A Father ______________________________________________________________________ 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.). [ 1 ] The applicant asks the Court to review a decision rendered on March 18, 2014. On that date the honourable Lise Gagnon maintained that the security or development of the youth was still compromised pursuant to the law and entrusted him to a foster family (his grandmother) for a period of six months. [ 2 ] The Court concludes that the youth’s safety is still endangered.

The applicant recommends that the youth be entrusted to his mother until June 19, 2015. [ 3 ] The youth is present and represented by his lawyer. The mother is absent but represented by her lawyer. The mother did not travel to Town B because she was sick. However, she spoke to her lawyer on the phone about the petition and the applicant’s recommendations. The lawyer states that she has a clear mandate to represent the mother. [ 4 ] The father is absent.

He was served upon with a copy of the petition on August 19, 2014. [ 5 ] The parties acknowledged that the security or development of the youth is still endangered pursuant to the law. They agree with the applicant’s recommendations concerning the applicable measures. [ 6 ] The Court considers the following facts as proven by preponderant evidence. THE FACTS [ 7 ] Since the last Court hearing, the youth lives with his maternal grandmother. [ 8 ] The Director of Youth Protection informed the family that if everything is going well, the reintegration of the youth with his mother will start.

However, in order to do so the youth will have to respect the rules set by his grandmother and attend school. As for the mother, she will have to manage adequately her alcohol and drug consumption. [ 9 ] The youth did not attend school on a regular basis because he got bullied several times. Sometimes he slept over at his mother’s place without informing the Director of Youth Protection. The grandmother made sure that her daughter was sober on these occasions. [ 10 ] The Director of Youth Protection intervened with the grandmother because she was drinking in front of the youth.

She was aware that she was not allowed to drink in his presence. [ 11 ] Since 2011, following a placement in a group home, the youth remained in foster care. He was fostered by his maternal grandmother who was also fostering her grandchildren Y and Z. Though the youth had a lot of interactions with his sisters. [ 12 ] The parents have been separated for some time now. They had a problem of domestic violence.

[ 13 ] The youth has contacts with his father on a regular basis, as they are neighbours. He visits his father, but only for short periods of time. [ 14 ] The mother collaborates with the Youth Protection services. She acknowledges that she can take care of the youth. [ 15 ] The mother still displays alcohol related problems. However, she was able to reduce her consumption of alcohol. [ 16 ] The Director of Youth Protection suggested her to go to A treatment center, but she refused.

She has a phobia to leave the community for a long period of time. [ 17 ] The mother accepted to go to the treatment center in Town C. She accepted and she is supposed to fill a request with a worker from the social services. [ 18 ] The mother gave birth to her fifth child. [ 19 ] The mother does not work and stays at home. Sometimes when her boyfriend is intoxicated some domestic violence occurs but not in front of the children. The mother protects her family by calling the police. [ 20 ] The youth has many contacts with his mother. He is often at her place and sometimes sleeps there.

He never sleeps at his father’s place. [ 21 ] The youth is thirteen years old. His development is normal and he does not have any behavioural problems. He is not attending school on a regular basis because he has been bullied by other children. DECISION [ 22 ] Considering the evidence, the Court concludes that the security or development of the youth is still endangered pursuant to the law. [ 23 ] The Court concludes also that the Director or Youth Protection’s recommendations concerning the measures are reasonable, appropriate and in the youth’s best interest.

For these reasons, the Court: [ 24 ] DECLARES the security and development of X in danger; [ 25 ] GRANTS the motion; [ 26 ] MAINTAINS the youth with his mother; [ 27 ] All measures are applicable until June 19, 2015; [ 28 ] ORDERS the youth and the parents to take an active

part in the application of any of the measures ordered; [ 29 ] ORDERS that aid, counsel or assistance be provided to the youth and his family; [ 30 ] ORDERS that the youth and his mother report in person, at regular intervals, to the DYP to inform them of the current situation; [ 31 ] ORDERS the youth to attend school on a regular basis; [ 32 ] RECOMMENDS that the youth benefit from the support of a specialized educator for the period deemed necessary by the professionals; [ 33 ] ORDERS that the mother remain sober in the presence of the youth; [ 34 ] RECOMMENDS that the mother continues to seek help through social services concerning her personal issues, notably her alcohol related problems; [ 35 ] ORDERS that the police collaborate with the execution of the order; [ 36 ] ENTRUSTS the youth's situation to the DYP as for the execution of the order. __________________________________ Josée Bélanger, J.C.Q.

M e Camille Provencher Cain Lamarre Casgrain Wells Lawyer for the DYP M e Angèle Tommasel Lawyer for the youth

M e Marie-Claude De Gagné Lawyer for the mother Date of hearing: September 4, 2014