2019 QCCQ 14169, 2019 QCCQ 14169

Protection de la jeunesse — 194638 2019 QCCQ 14169 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] “Youth Division” No.: 650-41-003074-198 DATE: March 27, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE NATHALIE AUBRY, J.C.Q. ______________________________________________________________________ In the situation of: X Adolescent and [SOCIAL WORKER] , duly authorized by the Director of Youth Protection Applicant and B Mother ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR PROTECTION (Ss. 38 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 has before it an application for protection in the situation of X, born on [...], 2004. [ 2 ] The adolescent is one of four children but one of her brothers is deceased.

Her brother Y is 33 years old and her brother Z is 22 years old. [ 3 ] The adolescent’s father is not legally recognized on her birth certificate. [ 4 ] Until recently, X was living with her mother in the community A. [ 5 ] Social services is involved in this case because of a serious risk of neglect due to the mother’s drug addiction, among other things. [ 6 ] On February 2018, the parties signed an agreement on voluntary measures.

[ 7 ] The measures were the following: - That X be entrusted to her brother Y for a period of six months; - That the mother and the adolescent undertake to take an active

part in the application of the measures designed to put an end to the situation in which the security or development of the adolescent is in danger and that the mother take the necessary measures to stop her consumption; - That a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family for a period of six months. [ 8 ] The adolescent’s social study report, prepared by human relations agent [Social Worker 1] and filed in the Court record in lieu of her testimony, indicates that the mother did not actively participate in the psychosocial follow-up.

The worker was only able to meet with her once, in September 2018. [ 9 ] Without therapy or follow-up from social services, the mother has allegedly stopped consuming. The social worker, however, has no further information on the subject given the mother’s lack of cooperation. [ 10 ] In the autumn of 2018, X had suicidal thoughts and she even admitted that she attempted suicide. At the time, it was also noted that she tends to have low self-esteem and belittle herself. [ 11 ] After the 2018-2019 Christmas holidays, there was a major change in X’s life.

Her brother’s spouse asked X to come and live with her in City A, and the adolescent accepted. [ 12 ] Therefore, on January 29, 2019, the Honourable Louise Gallant provisionally entrusted the adolescent to her brother’s spouse, A, until March 27, 2019. [ 13 ] At the beginning of February, X integrated the school environment in City A and she is adapting well to urban life. [ 14 ] Y and A are positive and important figures for X. [ 15 ] X and her mother have begun to rebuild their relationship. They communicate over social media. [ 16 ] On the Monday before the hearing, X decided to begin a three-month therapy.

She will continue her schooling at the therapy centre. [ 17 ] Under the circumstances, the Director of Youth Protection asks that the adolescent be entrusted to her brother and his spouse for a period of twelve months.

She also added a conclusion to the application for the Court to allow the adolescent’s integration into the treatment centre during that period. [ 18 ] Through her counsel, the adolescent consented to the measures requested by the Director of Youth Protection. [ 19 ] The Court concludes that the security and development of the adolescent are in danger within the meaning of the Youth Protection Act on the grounds of a serious risk of neglect (the mother’s drug addiction). [ 20 ] The Court considers that this application is in the adolescent’s interest and is well founded in fact and in law. [ 21 ] Therefore, the Court grants the application for protection with the amended conclusions.

FOR THESE REASONS, THE COURT: [ 22 ] GRANTS the present application; [ 23 ] DECLARES that the security and the development of the teenager are in danger; [ 24 ] ENTRUSTS the teenager to her brother, Y, and Mrs.

A for a period of twelve months; [ 25 ] ALLOWS the teenager’s integration into the treatment centre during this measure; [ 26 ] ORDERS that a person working for an institution or body provides aid, counselling and assistance to the teenager and her family for the same period; [ 27 ] ORDERS that the teenager receives all health care and services that she needs, a psychological evaluation and a follow-up as long as she needs to; [ 28 ] WITHDRAWS some attributes of parental authority to the mother and AUTHORIZES Y and A to consent to all health care and services, school activities and sports; [ 29 ] ENTRUSTS the situation of the teenager to the Director of Youth Protection for the execution of the present order.

__________________________________ NATHALIE AUBRY, J.C.Q. Mtre Lyne Monger Counsel for the applicant Mtre Chantal Gaudreau Counsel for the adolescent Mother absent at the hearing, not represented by counsel Hearing date: March 27, 2019