2012 QCCQ 12379, 2012 QCCQ 12379

Protection de la jeunesse — 124209 2012 QCCQ 12379 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 145-41-000419-124 DATE: August 15, 2012 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ A Petitioner and X Adolescent and B Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for protection purpose in respect of X (1995-[…]) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts which describe quite well, as revealed by the evidence, the situation of the adolescent and her mother :

a) X and her mother are receiving social services since many years ;

b) at twelve years old, X went to live with her grandparents ;

c) one year later, X was entrusted to A unit and after she was returned with her mother ;

d) in May 2010, an agreement on voluntary measures was signed for a period of one year ;

e) this agreement was signed after X was hospitalized for excessive drug use and not respecting house rules at her foster family ;

f) on February 22, 2012, an immediate protective measure was applied and X was entrusted to A unit because she was not getting along with her foster family ;

g) on February 23, 2012, another agreement on voluntary measures was signed for a period of six months ;

h) X was maintained in A unit ;

i) X and her mother are experiencing difficulties communicating as well as relating to each other which lead X to have unfulfilled needs ;

j) X ’s mother would continuously bring responsibility on her child for the difficulties they are going through ;

k) X ’s described her mother as a gambling addict that never took care of her ;

l) X has suffered from a severe attachment disorder that has transformed in an oppositional/defiant disorder as a defence mechanism to life’s emotional challenges ;

m) X did well since the last months at A and she was placed in a foster home in [community A] on July 5, 2012 ;

n) before going to A , X went to a residential drug and alcohol treatment center and since then she is maintaining her sobriety ;

o) X is attending alcoholic anonymous meetings weekly ;

p) X is proud of her sobriety ;

q) the mother refused to discuss X ’s situation with the youth delegate and said to keep her daughter until her age of majority ;

r) the mother refuses to work with the interveners to improve her situation ;

s) X is actually rejected by her mother and her extended family members because of a police investigation that is taking place presently ;

t) X is functioning well in her foster home in [community A] ;

u) X needs stability and security. [ 3 ] At the hearing, the adolescent is present with her lawyer. She admits the situation described at the petition and consents to the recommendations of the Director of youth protection. [ 4 ] The mother is absent and unrepresented.

[ 5 ] The Court studied the psychosocial report, the reports of an educator (A unit) and a psychological assessment report (2009) concerning X .

The Court also examined three agreements on voluntary measures. [ 6 ] The evidence reveals that the relationship between the adolescent and her mother is very difficult since many years. [ 7 ] The mother's attitude and speech are often prejudicial to X to a point that the adolescent feels rejected and abandoned. [ 8 ] The mother accepts, at times, to collaborate in intervention plans (meetings, follow-up) in order to improve this sad situation but, rapidly, gives up. [ 9 ] Other adults took care of X for many years. [ 10 ] If there is no real hope, it is useless to force the relationship on which the mother does not seem to work upon.

If necessary, the contacts must be supervised. [ 11 ] However, any positive signs or changes should not be ignored. [ 12 ] An update of the adolescent's psychological assessment may be useful for the Director of youth protection to evaluate the risk for X to insist that the relationship with her mother be work upon. [ 13 ] For the moment and considering the evidence, the Court grants the petition in the sense of the recommendations of the Director of youth protection including all the other conclusions modified or pronounced by the Court at the demand or with the agreement of the parties present at the hearing.

WHEREFORE, THE COURT : [ 14 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 15 ] ORDERS that X be entrusted to a foster family designated by the Director of youth protection ; [ 16 ] ORDERS that the contacts between X and her mother be encouraged but, if necessary, be supervised by the Director of youth protection or by a responsible adult designated by the Director of youth protection for as long as deemed necessary ; [ 17 ] AUTHORIZES , in case of refusal of the mother, the Director of youth protection to sign all the necessary documents for X to obtain driver's license, passport, social insurance card and any other authorizations of that type ; [ 18 ] ORDERS to Mrs B to remit, upon request and without delay, any personal belongings of X to the Director of youth protection representative and AUTHORIZES any A peace officer to assist and enforce the execution of this order ; [ 19 ] RECOMMENDS that the mother undergoes family counselling to build a better relationship with her daughter ; [ 20 ] ORDERS that X continues to receive therapy for anger issues and RECOMMENDS that she engages herself in a family therapy to try to build a better relationship with her mother, if she consents ; [ 21 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and her family ; [ 22 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until August 30, 2013 for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Me Mathieu Racine, for the adolescent Mrs B , the mother (absent)