2018 QCCQ 3784, 2018 QCCQ 3784

Protection de la jeunesse — 183 2018 QCCQ 3784 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 614-41-000263-170 DATE: January 5, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2002 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother and MR B, residing and domiciled at an unknown location Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 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 an application to declare the security and development of X, born on [...], 2002, in danger because she is subjected to unreasonable methods of upbringing or victim of bodily injury by her parents (section 38 (e)

(1) Y.P.A.). [ 2 ] At the hearing, the youth and her mother are present, assisted by Me Yan Massé and Me Michel Grenier. Me Adélia Ferreira represents the applicant, Mrs [Social Worker 1]. The father is not served. The parties ignore his address, and even with verifications made with Social Services in [province A], it remains impossible to reach him. As he never was involved in the youth’s life and as he never signed any consents previously for the child’s placement in [province A], the parties agree to proceed in his absence.

The Court accepts to proceed in his absence. [ 3 ] The evidence that X’s situation is endangered is constituted of the parties’ admissions, the [school A] report and the testimony of the applicant, Mrs [Social Worker 1]. [ 4 ] The following facts are proven. [ 5 ] On October 30, 2017, the police were called at the family home because of an altercation between the youth and her mother. [ 6 ] On the same day, the youth was removed from the mother’s care and entrusted to Mrs C, mother of her boyfriend, with the consent of the mother. [ 7 ] The youth states that the mother is physically and emotionally abusive towards her and she does not want to return home.

The mother denies being violent with the child and states that it is the child who is violent. [ 8 ] The relationship between the child and the mother is strained. There is no communication between them. [ 9 ] At school, the child has good marks and she behaves well. [ 10 ] At Mrs C’s home, the youth has her own room and she makes sure her son is sleeping in his own room. She is in the process of being evaluated to become a foster home. [ 11 ] The youth and her mother are from [province A]. The mother came in City A about three years ago, and the youth, one and a half years ago.

[ 12 ] The parents have been separated for more than 12 years and the father has not seen the child since then. He is totally uninvolved. [ 13 ] On November 8, 2017, the Court ordered a provisional placement of the youth in a foster family. She moved from Mrs C’s home to the foster home of Mrs D. She respects the rules and is doing fine. But since her placement, the youth only had one contact with her mother. They still have important issues to work on. [ 14 ] From the analysis of the evidence, the Court has preponderance evidence that the security and development of the youth are in danger because of the unreasonable methods of upbringing by the mother (section 38 (

c) and (e)

(2) Y.P.A.). [ 15 ] For the applicable measures, the applicant files her social report and she recommends the placement of the youth in a foster family and agrees with a nine-month placement as requested by the youth. The mother also agrees with such placement and duration. She wants to have regular contacts with her daughter. [ 16 ] The social worker recommends that the youth and her mother beneficiate of a psychological follow-up to work on their communication issue. There is such service available in City A and the parties might start such follow-up in January.

With the social worker, the parental abilities of the mother will be work on as the emotions for the youth. [ 17 ] To ensure the success of these measures, the youth and her mother shall offer a very good collaboration and they declared that they will.

THEREFORE, THE COURT: [ 18 ] ALLOWS the application; [ 19 ] DECLARES that the security and development of X are in danger; [ 20 ] ORDERS the placement of X in a foster family for nine months starting on December 6, 2017; [ 21 ] ORDERS the Director of Youth Protection to provide the youth and her mother a psychological follow-up as long as requested by the psychologist; [ 22 ] ORDERS the Director of Youth Protection to supervise the contacts between the youth and her mother (frequency, duration and presence of third party if required); [ 23 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and her mother for a period of one year; [ 24 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 25 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Adélia Ferreira Attorney for the applicant Me Michel Grenier Attorney for the mother Me Yan Massé Attorney for the youth Date of hearing: December 6, 2017