2015 QCCQ 8524, 2015 QCCQ 8524

Protection de la jeunesse — 153323 2015 QCCQ 8524 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 650-41-002190-128 DATE: May, 26 th 2015 BY JUDGE RICHARD CÔTÉ, C.Q. In the situation of : X Born on […] 1999 [SOCIAL WORKER 1] , authorized person for the Director of youth protection, district of A Petitioner and A and B Parents 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 Court was presented with an application for review of an order rendered on April 24 th 2014 concerning X who is 15 years old. She was then entrusted to her mother and had to submit to a follow up including an evaluation for drug addiction. [ 2 ] The Director of youth protection submits a motion for revision and extension for the following reasons : 2. Since the last order, the teenager has been maintained in her maternal environment; 3.

Since last summer, the teenager stop drinking but she is still taking drugs sometimes; 4. Even is she is only fifteen (15) years old and even if her mother is against that relationship, she is in relation with a young adult; 5. The teenager attends school each day and she is doing work and homework; 6. Since the teenager’s sister is back in the community, the teenager slept over her place when she is with her boyfriend; 7. The teenager continues to have serious behavioural disturbances, especially but not restrictively in that :

a) Drugs and alcohol consumption;

b) Inappropriate sexual behaviour;

c) Risky relationship; [ 3 ] In light of the foregoing, the Director recommends that the protection measures be extended for a period of six (6) months. [ 4 ] The teenager is present at the hearing, and she agrees with the proposed measures. [ 5 ] Both parents are absent although they were duly informed before the hearing. This is unfortunate. Except for very important reasons, parents should always be present in court with their children even if they agree with the proposed measures.

It is the duty of a parent to be involved at every stage of the youth protection process, including the court hearing. [ 6 ] Despite her absence, the Court was informed that the mother agrees with the motion. She also has a positive influence over her

daughter and offers a good collaboration. [ 7 ] Since April 2014, there was significant improvement in the teenager’s behaviour. She seems to be doing well concerning her drug and alcohol consumption problem. In her written report , Mrs. [Social Worker 2] mentions : Concerning her alcohol and drug consumption problem, Faith is attempting to stay busy in order to avoid falling back into her old habits. She is having dinner with her mother and family regularly and staying with C only when his brothers are not around.

She states that his brothers are often the cause of police interventions and conflicts in between her and her boyfriend. Consequently, C and his brothers are well known by the community police. During our many meetings Faith was able to verbalize that she was motived to complete her secondary education in order to enrol in a post-secondary academic program. Faith’s academic performance is remarkable; her school grades are above average. Faith has many goals for the future and realizes that these goals will not be achieved if she continues to adopt problematic behavior.

Faith successfully passed her secondary two in 2014; she was very proud of this achievement and stated that it motivated her to continue. Faith continued to seek help from [Social Worker 3], Ai CLSC social worker. Miss [Social Worker 3] also noted a significant improvement in the teenager’s behavior and stated that her school attendance had become adequate. According to Miss [Social Worker 3], the mother’s presence in the community is a protection factor for the teenager. [ 8 ] The father lives in A City and is minimally implicated in her situation.

However, he has occasional contacts with her by telephone. [ 9 ] Unfortunately, the teenager is engaged in a relation with a man who is 21 years old. He seems to have a negative influence on her, especially when he is with his brothers who consume alcohol and drugs regularly. [ 10 ] The evidence convinces the Court that the security and the development of the teenager are still in danger.

THEREFORE, THE COURT : [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of X are in danger; [ 13 ] ORDERS that the teenager remain’s entrusted to the care of her mother with a follow up until 26 th of November 2015; [ 14 ] ORDERS that the teenager and her parents collaborate with the Director of youth protection and inform the youth workers of the steps they have taken to address the situation and of any change of address or telephone number; [ 15 ] ORDERS that a person working for an institution provides aid, counselling or assistance to the teenager and her parents; July, 6 th 2015 __________________________________ RICHARD CÔTÉ, J.C.Q.

Me Lyne Monger Lawyer of Director of youth protection Me Mathieu Tshernish-Jourdain Lawyer of the youth Date of hearing: May, 26 th 2015