2013 QCCQ 7636, 2013 QCCQ 7636

Protection de la jeunesse — 131659 2013 QCCQ 7636 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division NO: 640-41-001520-128 DATE: February 4, 2013 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A PETITIONER AND X Born […], 1997 YOUTH AND A MOTHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act , R.S.Q. chap.

P-34.1) ______________________________________________________________________ [ 1 ] The Director of Youth Protection submits a motion to declare the security and the development of X, fifteen years old, endangered pursuant to subsections

a) b) and

f) of

section 38 of the Youth Protection Act . [ 2 ] M e Daniel Ouellette acts on behalf of X. M e Marianne Gagnon-Bourget represent the petitioner, Mrs. [Social worker 1]. [ 3 ] The mother received copy of the motion under

section 38 on October 30, 2012. She was made aware that a hearing would be held on December 20, as she was made aware of the provisional measures requested on November 6, 2012. This time again, the mother was offered means of transportation in order to ensure her presence in court, but she decided not to come. For the last hearing held at the beginning of November, when the transporter went to the mother's place in order to bring her to town A, the mother was under the influence of alcohol and decided not to come. The Director of Youth Protection asks that we proceed despite the absence of the mother.

M e Ouellette is of the opinion that it is in the best interest of his young client that the motion be heard even if the mother is not present. X is currently living in a reception center under provisional measures. Today, the recommendation of the Social Worker is that X be placed in a foster family. [ 4 ] The Court agrees to proceed mainly because X is the one who would bear the inconvenience of a postponement.

Due to the fact that she is living in a reception centre, since Christmas time is coming, and because the recommendation is of a placement in a foster family, she should not be kept in a reception centre unnecessarily. [ 5 ] The admissions and the report drafted by the Social Worker reveal that the mother has an addiction to alcohol and drugs. The mother did not seek the necessary help. [ 6 ] Last August, the mother left the community and moved to the A area with her new boyfriend. She entrusted X to a third person, but since then, she has never provided any support to the youth or this third person.

At that time, the youth was living in the B area. She was not attending school. On October 23 rd , X was brought to the Hospital A because she attempted to strangle herself. The third person where X was living decided not to keep her anymore and the mother could not be reached. [ 7 ] On October 26, X was entrusted to the reception centre where she is still living at the moment of the hearing. In the reception centre, X participates to the daily routine and the activities. She is able to follow the rules and respect the authority.

The childcare worker of the group home wrote that X has changed a lot since the beginning of her placement. She is currently in Secondary III at A School and she has always had good remarks from her teachers. [ 8 ] Since the beginning of her placement, X has tried to reach her mother many times, but the mother has never returned her calls. [ 9 ] X needs a stable place to live with responsible adults who are able to provide structure and supervision. [ 10 ] The petitioner's recommendations are reasonable. To these recommendations the Court, with the consent of X, will add a psychological follow-up.

[ 11 ] For these reasons, the Court: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and the development of X, born […] 28, 1997, are endangered pursuant to

section 38 paragraphs a), b), and

f) of the Youth Protection Act ; [ 14 ] ORDERS the placement of X in a foster family for a period of 12 months; [ 15 ] ORDERS that aid, counsel and assistance be provided to X and her mother for the same period; [ 16 ] ORDERS that the mother's access rights be supervised by the Director of Youth Protection as for the modalities and frequency for the same period; [ 17 ] ORDERS that the mother take the necessary steps to receive help regarding her alcohol and drug related issues; [ 18 ] ORDERS that a psychological follow-up be provided to X for as long as deemed necessary by the professional providing this service; [ 19 ] ORDERS that contact between X and her siblings be encouraged and ORDERS the Director of Youth Protection to take the necessary steps to facilitate these contacts; [ 20 ] ORDERS that the mother report periodically, at least twice a month, to the Director of Youth Protection on the measures applied in her own regard to put an end to the situation in which the security and development of her daughter are endangered; [ 21 ] ORDERS any police force to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 22 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of the execution of the measures ordered by the Court. __________________________________ LUCILLE CHABOT, J.C.Q.

M e Marianne Gagnon-Bourget Lawyer for the petitioner M e Daniel Ouellette Lawyer for the youth Date of hearing: December 20, 2012