2022 QCCQ 7213, 2022 QCCQ 7213

Protection de la jeunesse — 223193 2022 QCCQ 7213 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] COMMUNITY […] Youth Division No: 170-41-000014-170 DATE: June 15, 2022 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection […]; Applicant and X, born on […], 2005; Youth and A, Mother and B (Deceased) , Father ______________________________________________________________________ JUDGMENT (sections 95 of the Youth Protection Act ) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection of the Cree Board of Health and Social Services of James Bay (the Director) asks the Court to review the decision rendered on April 15, 2021, by Honourable Jean Hudon, J.C.Q. in the situation of X, 16 ½ years old. [ 2 ] The applicant asks that the youth be entrusted to her mother with all the previous supporting measures. [ 3 ] At the hearing, the youth is represented by Me Serge Fleury. The mother is present.

Me Magdalena Lempicka represents the Director. [ 4 ] A revision report is filed. The youth and her mother admit all the allegations and agree with the measures. [ 5 ] The evidence reveals that the youth remained with her brother in Town A and was doing fine. But in November the youth lost interest in schooling and since December, her school attendance was irregular. [ 6 ] The youth had regular contacts with her mother and she grew close again to her. [ 7 ] Last April 4, the youth disclosed being sexually assaulted.

She intends pressing charges against her alleged aggressor. [ 8 ] As the mother is very much involved in her daughter’s development and well-being, the youth misses her and requested to be back with her. The relationship with the foster parents, her older brother, are maintained. [ 9 ] The mother is sober since 2016, works full time and has a stable life in Town B. She is able to assume her child. [ 10 ] The youth travelled back to Town B to be reunited with her mother last April 8. [ 11 ] They both offered a good collaboration with the Director.

The evidence reveals that the youth needs to be with her mother in order to maintain her mental and physical state with her eczema. [ 12 ] Considering the evidence and the agreement of the parties, THEREFORE, THE COURT: [ 13 ] GRANTS the application; [ 14 ] DECLARES that the security and development of X are still in danger in regards of

Section 38

f) YPA; [ 15 ] ENTRUSTS the youth to the mother;

[ 16 ] ORDERS the youth and the mother to meet regularly with a [center A] worker; [ 17 ] ORDERS the youth to meet the worker of the [center A] once every week for the first month and then once every two weeks for height months; [ 18 ] ORDERS the youth to continue her follow-ups in the medical department provided by health care providers and social services related to her condition; [ 19 ] ORDERS the youth to continue her psychological follow-up as long as deemed necessary by the psychologist; [ 20 ] ORDERS the mother to continue her own follow-ups with the health care providers and social services; [ 21 ] AUTHORIZES the Director to share and obtain information with all service providers involved in the youth’s situation; [ 22 ] ORDERS the Director to provide aid, counsel and assistance to the youth and her mother for a period of nine months; [ 23 ] ENTRUSTS the youth’s situation to the Director who shall then see that the measures are carried out.

Signed on June 30, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Magdalena Lempicka Me Magdalena Lempicka Counsel for the applicant Serge Fleury Me Serge Fleury Counsel for the youth A Mother, not represented Date of hearing: June 15, 2022