2018 QCCQ 14226, 2018 QCCQ 14226

Protection de la jeunesse — 184659 2018 QCCQ 14226 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 565-41-000308-185 DATE: June 21, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE VALMONT BEAULIEU, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LES CENTRES JEUNESSE A Petitioner (Plaintiff) and X Adolescent A B In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 95 and 75, Youth Protection Act ) ______________________________________________________________________ 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 is seized of a petition under

Section 95 of the Youth Protection Act . [ 2 ] On November 24, 2017, Justice Sylvain Meunier stated that the security and development of X were compromised under the Youth Protection Act,

Section 38 b) 1o ii), 38 b) 1o iii) and 38 c). [ 3 ] The following measures were ordered: - That the adolescent be entrusted in foster care for a period of 6 months; - That a person authorized by the Director of Youth Protection provide aid, counsel and assistance to the adolescent and her family for a period of 6 months; - That the adolescent receive all services requires by her state (medical and psychological); - That the adolescent attends school every day; - That the parent participate in the development and application of the intervention plan specially in relation to parenting skills; - That the parents are to report periodically of the means used to end compromising situation (once a month); - That the contact between the adolescent and her parents be according to an agreement between the parties; - That Mrs.

A do not put the adolescent in contact with Mr. C The following measures were recommended:

- That Mrs.

A receive the care required (parental abilities) to help put an end to the compromising situation and respect the recommendations; - That the mother initiate and maintain a follow-up with an organization related to domestic violence [ 4 ] At the present hearing a report of revision and a complementary report were deposited (D3) dated 2018-04-16 written by [Social Worker 1] and [Social Worker 2]; [ 5 ] X is a 15 years old teenager that currently attends High school A in Town A. [ 6 ] Over the course of this Court order, X’s situation has been relatively unstable, especially due to the fact that she moved into three different foster homes. [ 7 ] On December 6, 2017, Mrs.

D, responsible of the foster family, tried bringing X to school because she missed the school bus. [ 8 ] While they were on the road, X tried opening the door to jump off, claiming she was having an anxiety attack. [ 9 ] After this attempt, she met a doctor at Hospital A to be evaluated since she had a history of suicidal ideas. [ 10 ] X called her mother that has been living in Town B since September and claimed that Mrs.

D had, in the morning, pushed her off the bed and called her “a pig”. [ 11 ] When X met with a psychiatrist at the hospital, her suicidal risk was declared to be minimal, therefore she was released. [ 12 ] At this point, the teenager refused to go back to Mrs. D. [ 13 ] Since chances were high that X would be moving up north with her mother in a short delay, she was transferred into the temporary foster home of Mrs.

E. [ 14 ] She did not go to school for a couple of weeks, she spent entire days in her room, either sleeping or spending time on her cell phone. [ 15 ] Also the foster family mentioned that X was never communicating with her. [ 16 ] During the Christmas vacation, X and her brother went to Town B to spend two weeks with their family.

They were staying with paternal grand-parents where their father is also living. [ 17 ] Both children mention that they spent quality time with their family but the father drank a lot of alcohol during the Holidays and gave alcohol to X and her brother. [ 18 ] On January 11 th , X was transferred to a foster family in Town A. Since that date, the teenager has been staying with Mrs.

F. [ 19 ] At the beginning, it was difficult for X to respect rules, especially those in regard to her curfew. [ 20 ] Although, many times she did not and ended up spending her monthly allocations on taxi rides. [ 21 ] Since the involvement of Mr. [Social Worker 2] on April 23, 2018, X has been doing good progress at School A. [ 22 ] In the foster family X did not have a relationship with Mrs.

F. [ 23 ] She mentioned that X never talks to her or give her any type of information unless questions are asked. [ 24 ] X’s mental health is still fragile due to her past suicide attempts and episodes of self-mutilation. [ 25 ] The teenager mentions she really likes her school and her friends but the biggest wish would be to be close to her brother whose foster family is in Town C. [ 26 ] She understands that it would be currently impossible for her to live with her mother due to her situation but she still feels rejected by her parents. [ 27 ] On April the mother had left her partner in Town B and moved to Town D (QC) to go to school to be a mechanic.

She is currently living in a college residence with her older son. [ 28 ] After the school year, she wants to be closer to X to work on their relationship. [ 29 ] For the moment, the mother will end her formation in mechanic in October. [ 30 ] She notified the social worker that there is job and opportunity in Town D once her course is finished in October. [ 31 ] She is looking for an appointment.

She agrees that she has work to do in regard to her services but wants to be with her daughter. [ 32 ] Since April, the social worker have only been able to be in contact twice with the father. [ 33 ] He lives with his mother in Town B and he will be coming to Town E on July 1 st .

[ 34 ] During his passage he would like to be with X but since then Mr. [Social Woker 2] is not able to reach him over phone and through e-mail. [ 35 ] In the past, he agreed for her girl to be in Town D because she has family there and that it is closer to the city than Town B. [ 36 ] The mother understands that she will have to follow services in order to put an end to this situation and she will have to find an apartment if she wishes for X to return with her. [ 37 ] Considering the evidence and the consent of all parties, the Court, in the best interest of X, THEREFORE THE COURT : [ 38 ] GRANTS the motion; [ 39 ] DECLARES that the security or the development of the adolescent is in danger; [ 40 ] EXTENDS the decision rendered on November 24, 2017 by Justice S.

Meunier; [ 41 ] ENTRUSTS the adolescent to a foster family for a period of six (6) months with reintegration at the mother’s house if the situation permits; [ 42 ] ORDERS that the visits between the adolescent and the mother be upon an agreement between the parties; [ 43 ] ORDERS that the visits between the adolescent and the father be upon an agreement between the parties, all in the respect of the wish of the adolescent; [ 44 ] ORDERS that X receive all necessary care (mental health and substance abuse); [ 45 ] ORDERS to the father to follow-up services for mental health and substance abuse; [ 46 ] ORDERS that the mother receive care and services required for domestic violence and parental abilities; [ 47 ] ORDERS that the father communicate with [Social Worker 2] before visiting X; [ 48 ] ORDERS that the parents periodically report, once a month, to the Director of Youth Protection; [ 49 ] ORDERS that a person working for the CISSS A provide aid, counselling and assistance to the adolescent and her family for a period of one (1) year; [ 50 ] ENTRUSTS the situation of the adolescent, X to the Director of Youth Protection for the execution of this decision. [ 51 ] ORDERS the execution of the present judgment by any peace officer. __________________________________ VALMONT BEAULIEU, J.Q.C.

Mtre. Sandra Couture Counsel for the Director of Youth Protection Mtre. Annie-Claude Pagé Counsel for the adolescent Mtre. Louis-André Hubert Counsel for the mother Date of hearing: June 21, 2018