2016 QCCQ 6518, 2016 QCCQ 6518

Protection de la jeunesse — 162727 2016 QCCQ 6518 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-000582-145 DATE: April 14 th 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2003 Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A, residing and domiciled in Town A , Quebec, district A Mother and B , residing and domiciled in Town A, Quebec, district A Father And C , residing and domiciled in Town A, Quebec, district A Interested Party ______________________________________________________________________ JUDGMENT ( Sections 95 and 75 , Youth Protection Act , R.S.Q. c.

P-34.1) ______________________________________________________________________ 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 asks the Court to review the last decisions made on February 18 th 2016 concerning the child, X. [ 2 ] The parents were advised but did not come to court. [ 3 ] Ms C, designated as an interested party, was absent but represented by a lawyer. [ 4 ] The child met with her lawyer.

She was not present in Court on April 14 th 2016 as she had a more interesting activity within her community. [ 5 ] The child admits all of the alleged facts except that she does not know her parents’ exact situation. [ 6 ] She accepts to be entrusted to a rehabilitation centre for a short period in order to prepare her reintegration in a regular foster family. This family has been suggested by the child.

An evaluation was made and they are able to take care of the child. [ 7 ] The main caregiver in the child’s life for the last years, Ms C, agrees with the measures proposed by the Director. [ 8 ] The child has put herself in danger on some occasions since February 18 th 2016. On February 20 th 2016, she was implicated in a suicidal pact with one of her friends.

[ 9 ] On March 6 th 2016, she did not respect house rules in her foster family and ran away. [ 10 ] On March 8 th 2016, she became completely disorganised when she needed to be removed from her foster family. [ 11 ] On March 14 th 2016, she made suicidal threats. [ 12 ] On March 18 th 2016, she assaulted a social worker. [ 13 ] Since then, she has been in a group home and showing a calmer behaviour. [ 14 ] A new foster family will soon be approached to receive the child. The child is more able to express her emotions without being out of control and disorganized.

FOR ALL THESE REASONS, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of the child, X, are still in danger; [ 17 ] REVISES and EXTENDS the decisions rendered on February 18 th 2016. [ 18 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre, with a possible reintegration in a foster family as soon as the situation allows it; [ 19 ] ORDERS that the child and Ms C take an active

part in the application of the measures; [ 20 ] ORDERS that Ms C report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 21 ] ORDERS that the child and foster family receive the services of an external educator for the period deemed necessary by the professionals; [ 22 ] ORDERS that Ms C refrain from consuming alcohol in the presence of the child; [ 23 ] RECOMMENDS that Ms C seek help through social services concerning her alcohol and personal issues; [ 24 ] ORDERS that the contacts between the child and Ms C be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 25 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and GRANTS them to the Director of Youth Protection, more specifically regarding health, education, extracurricular activities, travelling and passport; [ 26 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 27 ] ORDERS the police to collaborate to the execution of the enactment; [ 28 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 29 ] THE WHOLE until January 31 st 2017. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Geneviève Apollon, Attorney for the applicant Mtre Marie-Claude De Gagné, Attorney for the child Mtre Angèle Tommasel, Attorney for Ms C