2018 QCCQ 15774, 2018 QCCQ 15774

Protection de la jeunesse — 186608 2018 QCCQ 15774 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001009-072 DATE: September 27, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2002 MR [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, [...] Applicant and MRS A, [...] Mother ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ 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 Director of Youth Protection A submits to the Court a motion in revision of the situation of X, born on [...], 2002.

In the last judgment rendered by Honourable Louis Grégoire, after declaring that the security or the development of the youth continued to be in danger, he entrusted her to a foster family for one year. Now, the applicant requires a placement in a reception centre with a reintegration in a foster family if the situation allows it until June 30, 2019. [ 2 ] At the hearing, the mother is represented by Me Angèle Tommasel. Me Cassandra Neptune represents the youth, present.

Me Sarah Bourgeois Lessard assists the applicant. [ 3 ] The mother admits many allegations and agrees with the measures. [ 4 ] The youth admits few allegations and disagrees with the measures recommended. A revision report is filed and the applicant and the youth testify. [ 5 ] The evidence reveals the following facts. Since the last revision in Court, the youth has been moved to 14 different foster homes.

Some of the changes took place because the foster families gave up due to the behaviour of the youth and the others because the latter asked for it. [ 6 ] In one of those foster families, the youth has been sexually abused by the foster father. The youth provides a statement to the police and was changed of foster family.

Then, she was placed in Town A. [ 7 ] In January 2018, the youth received the visit of her mother for two days, but the youth declared that the mother drank and did not spend a lot of time with her. [ 8 ] In February, the youth beneficiated of the support of her external educator. [ 9 ] In March, the youth was placed in the foster family of Mrs B where she remained until June when she was provisionally placed at the reception Centre. [ 10 ] The youth visited her mother in March in Town B for five days.

During her visit, twice the youth asked to be placed in an alternative lodging as her mother was not at home and was drinking. [ 11 ] In May, the foster mother disclosed that the youth was not listening to her, was consuming drugs and was often not sleeping at home. Later, the youth refused to stay in the foster home and stayed at her boyfriend’s house. Over the last year, the youth had a poor attendance in school.

[ 12 ] In his testimony, Mr [Social Worker 1] reports that the structures of the group home have a positive effect on the youth. She needs to stabilize her situation and realize all the consequences of her behaviour. During her provisional placement at the group home, the youth ran away three times and consumed alcohol. Last July 10, she drove a four-wheeler while intoxicated and she had an accident. Following that event, she was transferred in a rehabilitation centre in Town C. [ 13 ] Considering those observations, the applicant recommends her placement in a structured setting with various services.

The lack of involvement of the mother, the models she offers her have serious impact on the youth. Even if the mother collaborates well with the social services and meets a social worker when required, she does not seek help for her issues. She does not visit her child regularly, and, even though, she drank when she did. At least, she must be able to stay sober when she is in presence of her daughter, knowing that the youth also has problems with alcohol. What are the parental capacities of the mother ? They are not evaluated yet.

Such evaluation should be made because it depends on the full orientation of the situation. [ 14 ] The youth needs stability, structures and investment of a significant adult to be able to develop positively as an adult. After her placement at the rehabilitation centre, she needs to integrate a living environment where she can stay until her majority.

THEREFORE, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of X are still in danger; [ 17 ] ORDERS that the adolescent X be entrusted in an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre with possible integration in a foster family if the situation of the youth allows it after six months of placement.

This placement will end June 30, 2019; [ 18 ] ORDERS the Director of Youth Protection to provide the youth the services of an external educator during her reintegration in foster family and such reintegration might start after six months at the reception centre if the youth’s situation allows it; [ 19 ] ORDERS the Director of Youth Protection to provide the adolescent the psychological and medical services she needs during her placement; [ 20 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and her mother until June 30, 2019; [ 21 ] ORDERS the Director of Youth Protection to supervise the contacts between the youth and her mother as for the frequency and modalities; [ 22 ] RECOMMENDS the Director of Youth Protection to provide the mother an evaluation of her parental capacities; [ 23 ] ORDERS the police to collaborate with the present judgment; [ 24 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Sarah Bourgeois Lessard Attorney for the applicant Me Angèle Tommasel Attorney for the mother Me Cassandra Neptune Attorney for the youth Date of hearing: July 24, 2018