2018 QCCQ 18229, 2018 QCCQ 18229

Protection de la jeunesse — 189371 2018 QCCQ 18229 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] LOCALITY […] Youth Division No. 640-41-001930-152 DATE: August 22, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE LUCILLE BEAUCHEMIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF X, born on […], 2002 Adolescent ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A child and youth protection centre Applicant and A Adoptive mother and B Biological mother ______________________________________________________________________ JUDGMENT ( sections 73.1 and 95 , Youth Protection Act , CQLR, c.

P-34.1) ______________________________________________________________________ JB3406 WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of 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 (the “Director”) submitted an application to the Court for the review of the decision rendered on August 14, 2017, entrusting the adolescent to a rehabilitation centre until August 30, 2018, with a progressive return to her mother’s care, and ordering various assistance measures, including follow-up by social services for the same period. [ 2 ] The Director alleged a long series of facts.

This judgment refers to those facts. [ 3 ] The Director recommends that the Court entrust the adolescent to C with the support of the extended family and that it order several assistance measures, including follow-up by social services until August 7, 2019. [ 4 ] The adolescent and her biological mother admit most of the facts alleged and agree with the Director’s recommendations. [ 5 ] The evidence reveals the following facts. The adolescent is 16 years old. She is the eldest of many siblings. The Court has the situation of Y, age 14, before it. [ 6 ] C is considered to be Y’s father.

His name is not on the adolescent’s birth certificate. He has taken no steps to be recognized as her legal father. He has not adopted her traditionally either. He did not ask to be declared an interested party in this file. Consequently, he is a third party in regard of the Youth Protection Act . He was aware of the present hearing and he preferred to play golf in Town A. [ 7 ] A is the adolescent’s adoptive mother. She is actually her maternal grandmother, who adopted her at her birth. When the child was eighteen months old, the grandmother gave her back to her mother, B.

The grandmother has not been involved in the adolescent’s life

since then. In the courtroom, X said that she discovered that situation when she was a child a few years ago. It was a shock. She considers B to be her mother. The mother should take the necessary steps to reverse the adoption. [ 8 ] As a consequence of the biological parents’ choices, the adolescent does not have a proper identity on her birth certificate. The parents should take the steps to correct this situation. X agrees with this recommendation. [ 9 ] As ordered, X lived at the group home in Town B. With the support of the educators, she was able to improve her behaviour significantly.

By the end of September 2017, the youth worker started a progressive return to C with the support of his extended family. [ 10 ] On November 14, 2017, the adolescent was in her family environment under the responsibility of Mr. C on a full-time basis. In December 2017, he was not at home. X stayed in four different environments that month. From January 11, 2018, to February 8, 2018, Mr. C was in jail and the paternal aunt D took care of the adolescent during his imprisonment.

In January 2018, the adolescent never showed up for the follow-up with the youth worker. [ 11 ] In March 2018, the adolescent’s behaviour started to deteriorate. She displayed serious behaviour problems. She drank regularly, did not obey authority or rules, ran away, had suicidal ideation and displayed improper sexual behaviour. On April 13, 2018, she returned from Town C, where she had been with her boyfriend. Mr.

C categorically refused to cooperate with the youth worker and even became verbally aggressive towards her. [ 12 ] On September 13, 2017, she was sentenced to perform 75 hours of community work and to probation until May 2018, with conditions. She complied with the Court order after her accident and the community work is done. [ 13 ] On May 5, 2018, she had an ATV accident. She was hit by the vehicle while intoxicated and her knee was severely injured. At the end of May 2018, she had to go to the A Centre for a medical follow-up. She was accompanied by her biological mother.

Both of them were caught drinking in the waiting room. A paternal aunt took care of the adolescent until her return to Town D on June 5, 2018. [ 14 ] In the past three months, the adolescent has been hospitalized three times for suicide attempts. [ 15 ] She does not cooperate with the youth worker. Mr. C became overwhelmed by the situation. Mr. C often leaves his home, but it is usually to go hunting to provide for the whole family.

When he is away from home, his mother, his sisters and his girlfriend keep an eye on the adolescent. [ 16 ] The biological mother still has drinking problems even if she has successfully completed the Portage Treatment Program. For the past few months, no follow-up was possible with her because she is very difficult to reach and does not call the youth worker back when requested to do so. She helped hide the adolescent and drank with her in her room at A Centre. The Revision Report states, at 7, that “she cannot provide any stability to any of her children because of her personal issues”. [ 17 ] Mr.

C was offered support by the Director regarding his parenting abilities. Most of the time he is not available and transfers his responsibilities to his sisters and his mother. [ 18 ] The adolescent’s behaviour was evidently out of the control of any adult until she had her accident. The accident has been a big wake-up call for her. She stopped seeing the friends who had a bad influence on her. She stopped drinking. That is the main reason why the Director amended his recommendation to the Court.

Instead of entrusting the adolescent to a rehabilitation centre, he recommends that she be entrusted to C’s care, with the support of his extended family. THEREFORE, THE COURT: [ 19 ] ALLOWS the application; [ 20 ] DECLARES that the security and development of the adolescent X are still in danger.

AS MEASURES DEEMED TO BE IN THE ADOLESCENT'S INTEREST, THE COURT: [ 21 ] RECOMMENDS that the biological mother, B, take the necessary steps to be legally declared the adolescent’s mother; [ 22 ] RECOMMENDS that C take the necessary stops to be declared the adolescent’s father; [ 23 ] ORDERS that the adolescent be entrusted to C with the support of his extended family; [ 24 ] ORDERS that all contact between the adolescent, her mothers and her siblings be supervised by the Director of Youth Protection with regard to the terms and degree of supervision; [ 25 ] ORDERS that the mothers and C remain sober and refrain from all violent behaviour in the presence of the adolescent; [ 26 ] ORDERS that C ensure that the following rules are respected by the adolescent: • Prohibition of drinking; • Obligation to attend school regularly and to follow the school rules; • Obligation to respect a curfew; [ 27 ] RECOMMENDS that the biological mother continue her follow-up with social services for her drinking and personal problems; [ 28 ] ORDERS that the mothers and C report in person, at regular intervals, to the Director of Youth Protection to inform her of the

current situation; [ 29 ] ORDERS that the adolescent, B and C take an active

part in the application of the measures ordered by the Court and cooperate fully with the Director of Youth Protection; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent, her family and C until August 7, 2019; [ 31 ] ENTRUSTS the situation of the adolescent X to the Director of Youth Protection of the A child and youth protection centre, who will see that the measures are carried out. SIGNED IN TOWN E October 9, 2018 LUCILLE BEAUCHEMIN J.C.Q. Mtre. Sarah Bourgeois-Lessard Counsel for the Director of Youth Protection Mtre.

Marianne Léonard Counsel for the adolescent Mtre. Angèle Tommasel Counsel for the biological mother Date of hearing: August 22, 2018