2015 QCCQ 19383, 2015 QCCQ 19383

Protection de la jeunesse — 157011 2015 QCCQ 19383 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-028720-142 DATE : September 8, 2015 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on [...], 1998 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 95 of the 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on September 8 th , 2015. [ 2 ] The Director of Youth Protection (the Director) seizes Court of a motion for revision and extension of a decision rendered on September 9 th , 2014, by Honourable Judge Lucille Beauchemin.

The Director is asking that the adolescent be entrusted to the care of her mother at the exclusion of her father and that youth protective measures be ordered for a period of one year. [ 3 ] The father essentially recognizes that the adolescent displays sadness and hurt when speaking about him and his alcoholism and that the adolescent is often left alone and tends to herself.

The father is in agreement with the continued involvement of the Director and has agreed for the Director to be in contact with his service providers. [ 4 ] The mother, on her part, recognizes the sadness and hurt of the adolescent, the fact that the adolescent is refusing formal therapeutic intervention and agrees with the conclusions sought by the Director. She is not in agreement with the recommendations made by the Director to the effect that she seeks counselling services for herself.

She is opposed to the Director being in communication with the school the adolescent attends. [ 5 ] On behalf of the adolescent, her lawyer admits essentially that the family continues to need support from the Director. The youth is ready to admit that she tends to herself but is proud of it and certainly does not see that situation as needing the intervention of the

Director. The youth confirms that she refuses formal therapeutic intervention as well as communication between the Director and her school. CONTEXT [ 6 ] The evidence reveals that the situation of the adolescent more or less remains the same. [ 7 ] The father continues to struggle with alcoholism. Despite the fact that he has begun a program at Foster Pavilion, he continues to consume alcohol. [ 8 ] On occasions, the father has called the worker and left messages on her phone, in the middle of the night: the messages are inappropriate.

The father has often sent text messages to the adolescent while under the influence of alcohol. [ 9 ] The parents have continued to see each other on a regular basis, without any formal therapeutic interventions in order to address the issues that first led to the involvement of the Director. [ 10 ] Despite the services offered to the mother, she does not seem to understand fully the impacts the violence, the father's drinking and the general disorganisation of the family have had on the adolescent. [ 11 ] The mother has, on occasions, stayed at the father's house as it is easier for her to get to work.

During that time, the adolescent was expected to sleep at friends' homes. [ 12 ] Concerning school, it is interesting to hear that the mother admits that the adolescent has failed her academic year while both the adolescent and her father deny the information. While the worker was struggling to obtain the information during the past school year, the parents demonstrated a lack of involvement and a reluctance to provide the information.

It seems that the adolescent did not benefit from the support she needed to ensure that all of her subjects are completed successfully. [ 13 ] Throughout the involvement of the Director, the intervention was met with resistance from the adolescent and her parents. The Court invites the family members to address the issues at stake and accept the help provided. [ 14 ] The Director has established that all family members would benefit from specific individual help and counselling in addition to the aid, counsel and assistance provided by the Director.

The evidence confirms the need for the continued involvement of the Director. The measures recommended meet the needs of the adolescent and are in her best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 15 ] DECLARES that the security and the development of the adolescent are still compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 16 ] ENTRUSTS the adolescent to the care of her mother at the exclusion of her father; [ 17 ] ORDERS that the frequency and modality of contacts between the adolescent and her father be determined after an entente between the parties; should there be no entente, ORDERS that the Director of Youth Protection set the modalities of those contacts at a minimal frequency of once (1) every two (2) weeks; [ 18 ] RECOMMENDS that the mother receive counselling services; [ 19 ] RECOMMENDS that the adolescent receive counselling services; [ 20 ] TAKES ACT that the father wishes to continue with his treatment plan regarding his substance abuse issue; [ 21 ] STRONGLY RECOMMENDS to the father to continue to receive treatment; [ 22 ] ORDERS both parents and adolescent to collaborate fully with the Director of Youth Protection; [ 23 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her parents for a period of one (1) year; [ 24 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A, who shall then see that the measures are carried out. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Edith Zavodni Attorney for the Director of Youth Protection Me Luce James Attorney for the adolescent Date of hearing : September 8 th , 2015