2018 QCCQ 20507, 2018 QCCQ 20507

Protection de la jeunesse — 1811610 2018 QCCQ 20507 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001758-140 DATE: November 22, 2018 (written judgment rendered on April 23, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2003 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother and B, residing and domiciled at [...] Father ______________________________________________________________________ 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 ] The Director of Youth Protection (DYP) asks the Court to revise a decision rendered on November 2, 2017, regarding the adolescent X, born on [...], 2003. At that date the Court declared the security and development still in danger and entrusted the adolescent to a foster family until November 30, 2018. [ 2 ] The DYP recommends maintaining X to a foster family until the end of November 2019, with a reintegration with the father if the situation allows it.

Position of the parties [ 3 ] The father, even if duly served, is absent and not represented. The history of the file shows that he was never present at the court hearings. Considering the consent of the parties and the interest of X, the Court proceeds in his absence. [ 4 ] The mother is present and represented. She recognizes that the security and development of the youth are still in danger and she agrees with the measures. [ 5 ] X who is now 15 years old is present and represented.

She recognizes that her security and development are still in danger, she agrees to be entrusted to a foster family, but she does not want to be reintegrated under her father’s care. Historical Situation [ 6 ] On May 21, 2014 , the situation of X was submitted to the Court. She was quite 11 years old. The family was followed by the DYP since March 2013, for a situation of neglect. The younger sister of X was already entrusted to a foster family. The parents admitted their alcohol consumption, conjugal violence issues and that their situation did not improve. The parents recently get separated.

The mother continued to be involved in different violent relationship. The mother always spoke about her wish to go to a treatment centre, but she never went. X was entrusted on a voluntary measure to her aunt, and she was doing very well.

The Court declares that the security and development were in danger and entrusted the child to a foster family for one year with a progressive reintegration under the mother’s care if the situation allows it. [ 7 ] Between May 8, and November 11, 2015 , the revision was postponed five times because the father was not served, the mother was detained, the warrant of remand was not done, etc. During that time, X was mostly maintained in a foster family, but in August she was entrusted under her father’s care with an authorization to entrust her to a foster family according to the evolution of the situation.

X stayed under her father's care only few days. [ 8 ] On February 16, 2016 , the evidence revealed that the mother completed A treatment, but relapsed as soon as she went back. Because of the mother’s harassment towards the foster families, X was moved to different ones, because they renounce to foster her.

Without having control of the situation, the DYP decided to give the mother a chance and entrusted X under her care. The mother was found intoxicated and violent. In May 2015, X was back in a foster family. At the date of the hearing she was entrusted to her grandmother. The Court entrusted her to a foster family for a period of one year and ordered that a life plan be drawn. [ 9 ] On November 29, 2016 , the Court noted that despite the efforts made by the mother, she was still struggling with alcohol consumption issues. X developed strong bonds with her grandmother.

The grandmother was also taking care of her grandson who sexually assaulted X, but X considered being safe there, because the grandmother was very concerned by her security and made sure she is never alone with him. The DYP would like to assess the grandmother.

Despite the fact that the maximum delay of placement was reached, the Court maintained X in a foster family for nine months. [ 10 ] On September 1, 2017 , following a provisional hearing, X was maintained in a foster family. [ 11 ] On November 2, 2017, the Court noted that X was under her grandmother’s care in Town A from December 15, 2016, to August 2, 2017. Even in the same village, X did not often visit her mother who was intoxicated most of the time. After a visit in Town B to see her brother, X asked to be entrusted there (Ms. C’s place). She integrated this new foster family on August 3, 2017.

X was attending school regularly and she performed well. She maintained contact with her grandmother. The Court entrusted X to a foster family until November 30, 2018. Facts [ 12 ] Since the last hearing, X stayed in Town B. She was fostered at the beginning by Ms. C and by Ms. D. A conflict occurred between both foster families. The father raised some concerns about Ms. C’s capacities to take good care of his children. [ 13 ] At the beginning of 2018, Ms. C complaints about X not respecting the rules. She was often sleeping at Mr. D’s place. [ 14 ] On March 13, 2018, Ms. C and Mr. D took care of the children.

Mr. D was evaluated and as his house appeared adequate, he officially became foster father of X on March 22, 2018. X was very happy to live there. She mentioned that she was uncomfortable at Ms. C’s place because of the fighting between Ms. C and her boyfriend. [ 15 ] X is still doing very well at school. Despite some attendance issues, she maintains very good performance. [ 16 ] X has a boyfriend, the son of Mr. D. He is described as a nice and caring young boy. He is the same age as X. [ 17 ] According to the DYP the father shows interest for X and her siblings.

He is concerned about them, but he is involved in his relationship with his new spouse and his children. He is not consuming. He works and provide for his family. His house is too small to be able to have his three children under his care, and he is scared not to be able to provide for them. [ 18 ] X is coming at least once a month for a home visit. She is always happy to see her father and her grandmother. She spent less time with her mother, but the contacts are positive as well with her. [ 19 ] X is always happy to go back to Town B.

She is very attached to this community and feels at home there. [ 20 ] The mother is still struggling with alcohol issues, but maintained her high level of collaboration with the DYP. She recently started a program at school named “harmony program” to help her to find peace and more positive coping methods. Analysis [ 21 ] After living a lot of instability in her life, the Court hopes that this new living environment will be the good one for X. Despite all this instability, she is able to perform at school, to develop good skills and good relations with her peers. She benefits from the good influence of Mr.

D who encourages her and support her to continue on this way. [ 22 ] For a few months, it will be important to closely monitor the situation to make sure that the loving relation between X and Mr. D’s son do not jeopardize the placement. [ 23 ] Considering the absence of the father and the position expressed by X, the Court won’t authorize a reintegration before a previous revision by the Tribunal. FOR THOSE REASONS, THE COURT: [ 24 ] GRANTS the application; [ 25 ] DECLARES that the security and development of the youth X, born on [...], 2003, are still in danger; [ 26 ] ORDERS that the youth be entrusted to Mr.

D as a foster family if he is accredited as such; [ 27 ] ORDERS that the youth and the parents take an active

part in the application of any of the measures ordered by the Court; [ 28 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 29 ] ORDERS that the mother remain sober in the presence of the youth; [ 30 ] RECOMMENDS that the mother seek help through the Social Services or any other kinds of organisms concerning her personal issues;

[ 31 ] ORDERS that the contacts between the youth and the parents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 32 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the youth and the family; [ 33 ] ORDERS the police to collaborate to the execution of the enactment; [ 34 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A for the purpose of executing the order; [ 35 ] THE WHOLE until November 30, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Sarah Bourgeois-Lessard, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Me Angèle Tommasel, attorney for the mother Date of hearing: November 22, 2018