2015 QCCQ 15676, 2015 QCCQ 15676

Protection de la jeunesse — 153358 2015 QCCQ 15676 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001603-130 DATE: June 12, 2015 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 1999 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A Applicant and A , residing and domiciled in City A, Quebec, district A Mother and B, residing and domiciled in City A, Quebec, district A Father ______________________________________________________________________ JUDGMENT (section 95 (1st para.) of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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.). INTRODUCTION [ 1 ] The Director of Youth Protection, by way of application, is requesting a review of the situation of X, born on […], 1999, under

section 95 of the Youth Protection Act .

THE FACTS [ 2 ] On December 8, 2014, Justice Chabot ordered the placement of Z for a period of 12 months in a foster family. [ 3 ] The judgment ordered the following measures: Orders for Y, Z, C, D and E the placement in foster family for a period of 12 months; … Orders for the five oldest that aid, counselling and assistances for a period of 12 months; … Recommends that the Director of the Youth Protection A asks for the collaboration of the Director of Youth Protection B in Z’s file; Recommends in Z’s file that all the measures be taken for the child attending school as soon as possible; Recommends that any special measures be taken in order to help her with her schooling; Orders for Y, Z and C a therapy be provided to these three children for as long as be necessary by the professional providing services; Orders for all children access rights between children and parents be supervised by the Director of the Youth Protection as for the frequency and modalities; Orders the parents to be and remain sober in the presence of one of the child; Orders the parents to take the necessary steps in orders to attend to a therapy for alcohol issues and also anger management; Orders the parents to report themselves to the Director of the Youth Protection at least twice a month in order to inform the Director of the measures taken to put an end to the situation that put in danger the security and development of their children.

… Orders any police officer to collaborate in the execution of the present orders; Entrust the situation of the children to the Director of Youth Protection A for the execution of the Court orders. [ sic ] [ 4 ] The admissions and the testimony of the petitioner prove the following new facts on a balance of probabilities: [ 5 ] Last February, the adolescent started to display behavioural problems, such as alcohol abuse, difficulties respecting authority, not respecting the rules and spending nights outside the foster family without authorization. She did not attend school regularly.

This led, on March 17, 2015, to a compulsory provisional order entrusting the adolescent to a rehabilitation centre. Z is presently entrusted to a rehabilitation centre, more specifically the group home in City B. She is functioning well within the structured environment. [ 6 ] The evidence tendered demonstrates that the adolescent has difficulty respecting rules when she is not in a rehabilitation centre. She cannot presently live in a family setting. Measures to be reviewed [ 7 ] The Director of Youth Protection seeks a six-month placement in a rehabilitation centre.

The adolescent does not oppose the proposed measure but asks to be reintegrated with her mother or entrusted to a foster family before the end of the placement. The adolescent acknowledges that she feels safe at the group home. [ 8 ] The adolescent has become more open since her arrival at the rehabilitation centre.

She met with a therapist and agreed to the follow-up ordered previously. [ 9 ] Given the evidence, the Court is of the opinion that the adolescent needs a structured environment for the next six months in order to receive therapeutic help to overcome the difficulties related to her past experience. [ 10 ] The parents, for their part, seem to be willing to participate in some services to improve their situation. The father mentioned that he participated recently in the Journey of Wellness and plans to attend a [therapy A] in August in City C.

It is difficult to assess his degree of involvement in those programs because of his lack of cooperation with the Director of Youth Protection. As for the mother, she cooperates well with the Director of Youth Protection. She attended a treatment program recently and has succeeded in staying sober since the end of the therapy, on April 2, 2015. [ 11 ] The evidence shows that the parents improved their personal situation but still need to stabilize their lives.

FOR ALL THE ABOVE REASONS, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and development of X, born on […], 1999, are still in danger; [ 14 ] ORDERS the placement of the child in a rehabilitation centre for a period of six months; [ 15 ] ORDERS that contact with the parents be supervised by the Director of Youth Protection as to frequency and terms; [ 16 ] RECOMMENDS that contact between the adolescent and her parents and siblings be encouraged; [ 17 ] ORDERS that the adolescent attend school regularly; [ 18 ] ORDERS that aid, counselling and assistance be provided to the adolescent and the parents for the same period of six months; [ 19 ] ENTRUSTS the adolescent's situation to the Director of Youth Protection A for the execution of the Court orders; [ 20 ] ORDERS that the adolescent receive all the health and social services that she needs, including hearing aid(s); [ 21 ] ORDERS any police force to cooperate in the execution of the measures ordered if so requested by the Director of Youth Protection or one of its representatives. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Myriam Gaudreault Counsel for the child Mtre. Suzanne Arpin Counsel for the applicant

Mtre. Jean-Francis Bonnette Counsel for the father Date of hearing: May 11, 2015