2020 QCCQ 14532, 2020 QCCQ 14532

Protection de la jeunesse — 2010133 2020 QCCQ 14532 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000636-201 DATE: December 8, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A of Health and Social Services A Applicant and X, born on [...], 2005 Youth and A Mother B Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 of the Youth Protection Act, ch.

P-34.1 CQLR ) ______________________________________________________________________ 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 submits an application asking the Court to declare as endangered the security and development of X, 15 years old, because of lack of supervision (section 38 b) 1° iii) YPA ) and because she displays behavioural disturbances (section 38

f) YPA ). [ 2 ] At the hearing, the youth, present, is represented by Mtre. Yan Massé. The mother is also present and is assisted by Mtre. Michel Grenier while Mtre. Adelia Ferreira acts on behalf of the applicant. [ 3 ] First, the Director of Youth Protection asked for a dispensation of notification of the proceedings to the father given the fact that no one knows where he lives and that he is not involved in X’s life.

The mother and the adolescent are in agreement with sulch a motion, which is granted by the Court. [ 4 ] On October 15, 2020, provisional measures were ordered by the Court and X was entrusted to a reception centre. It is also important to note that the family was previously under protective measures rendered by judgment. The measures ended on July 9, 2020. [ 5 ] The evidence reveals that shortly after the measures ended, the mother resumed drinking. She sometimes drinks in presence of her children. On September 30, 2020, the mother was intoxicated.

X became physically aggressive with the mother who ended up being cut on her head. [ 6 ] When a Social Worker intervened, X was very aggressive. She says that she wanted to be in a foster home, but this was declined by the Social Worker. [ 7 ] X is also aggressive towards her siblings, especially Y. [ 8 ] The next day, the worker went to the mother’s place to pick up some clothes for the children ant the home was in a poor state.

There were clothes all over the first floor and the basement and the worker could not find clean clothes for the youth. [ 9 ] The same day, the mother went to the Director’s office because she wanted X back with her. However, she was intoxicated at that time. [ 10 ] On October 2 nd , the worker returned to the home which was still messy.

[ 11 ] On October 5, 2020, the youth went to the medical clinic, but left without seeing a professional. She did not return to the rehabilitation centre at that time so police officers were informed of the situation. They went to the mother’s home looking for X. The mother was there, drinking with other adults. [ 12 ] It is relevant to add that on September 27, 2020, the mother was intoxicated. Previously, on August 23, 2020, an intervention was required as the mother and X were both intoxicated and fought. [ 13 ] Since the beginning of the school year, X only attended school a few days.

She explains this by saying that she was bullied. If the mother is not able to make her go to school, it certainly impacts X’s development. [ 14 ] In fact, X arrived at the reception centre on October 2 nd . She was involved in many incidents there. She ran away 6 times and displayed disruptive behaviour. She is described as being both obedient and defiant. She can intimidate staff when she does not get what she wants and, when agitated, she becomes aggressive and it is difficult to calm her down. [ 15 ] She threatened to self-harm.

She also threatened educators. [ 16 ] When asked to speak about her mother, she described her as a good mom with an alcohol problem. This only phrase describes a lot. [ 17 ] X still needs to live in a structured environment to learn that rules exist everywhere and she has to abide by them. As for the mother, apart from her alcohol-related problem, she will have to develop parental skills in order to supervise X adequately and impose her parental authority on the youth.

FOR THESE MOTIVES, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and development of X are endangered pursuant to sections 38 b) 1° iii) (lack of supervision) and 38 f) (serious behavioural disturbances); [ 20 ] ORDERS the placement of X in a rehabilitation centre for a period of 4 months with reintegration with the mother; [ 21 ] ORDERS that X refrain from any alcohol consumption; [ 22 ] ORDERS the mother to seek help in order to address her alcohol-related problem, her personal issues and to follow the recommendations made by the professionals; [ 23 ] ORDER that X collaborate with a therapist in order to resolve her personal issues; [ 24 ] ORDERS the mother to be and remain sober when in presence of the youth and not to put her in presence of people under the influence of intoxicating substances; [ 25 ] AUTHORIZES unannounced visits at the mother’s place; [ 26 ] ORDERS that contacts between X and her mother be supervised by the Director of Youth Protection as for the modalities and the frequency; [ 27 ] ORDERS that aid, counselling and assistance be provided to X and her mother for a period of 12 months; [ 28 ] ORDERS X to attend school on a regular basis and that any absence be motivated by the mother and disclosed to the Social Worker; [ 29 ] ORDERS that a psychological assessment of X be done as soon as possible ; [ 30 ] AUTHORIZES the Director of Youth Protection to obtain and share information with other service providers working with the family concerning attendance, collaboration and the evolution of the situation of their respective clients; [ 31 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 32 ] ENTRUSTS the situation of the Youth to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adelia Ferreira Ferreira, Lempicka Attorneys Attorney for the applicant Mtre. Yan Massé Centre communautaire juridique A

Attorney for the youth Mtre. Michel Grenier Michel Grenier Avocat Attorney for the mother Date of hearing: December 8, 2020