2023 QCCQ 11024, 2023 QCCQ 11024

Protection de la jeunesse — 235704 2023 QCCQ 11024 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000763-224 DATE: SEPTEMBER 27, 2023 ______________________________________________________________________ BY MADAM JUSTICE ANDRÉE ST-PIERRE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , in his quality of authorized person by the Director of youth Protection, of the Centre intégré de santé et de services sociaux A; Applicant and X Child and A and B Parents/Respondents ______________________________________________________________________ JUDGMENT ON APPLICATION FOR REVISION AND EXTENSION OF ORDER ______________________________________________________________________ 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 (DYP) of the Centre intégré de santé et de services sociaux A presents an application for revision and extension of an order concerning X, who is fourteen years old and asks that she be entrusted to her father with a follow-up. [ 2 ] All the parties admit everything that is written in the application and agree with the measures proposed by the DYP. CONTEXT [ 3 ] DYP has been in the child’s situation since 2022.

Until May 2023, the child was entrusted to her maternal aunt. On May 16, 2023, the child was entrusted to a rehabilitation center since she had behaviour problems. On July 27, 2023, Madam Justice Celestina Almeida, C.Q., ordered that the child be entrusted to a rehabilitation center, until September 30, 2023, considering that the evidence adduced before her did not sustain the recommendations presented by the DYP.

ANALYSIS [ 4 ] The evidence produced on the ongoing application is a psychosocial report dated August 11, 2023, a letter from Family Services A dated August 7, 2023, and a Report from Rehabilitation Center A dated August 9, 2023. All those reports were signed a couple of weeks after the last judgment at the most.

For these reasons, the Court asked C to testify and explain what happened int the child’s life since the beginning of August. [ 5 ] The Court understands that child has a good behaviour at Rehabilitation Center A, that she is able to open up more with the staff and with people taking care of her about how she feels and about what happens to her. She follows the rules and regulations at the Center. [ 6 ] The child visited her father during summer and the visits went fine. When she returns to the Rehabilitation Center A, she is in a good moon.

She cooperates as she is anxious and eager to return to her father’s house. [ 7 ] The child attended individual therapy sessions over summer with Family Services A where she was shown coping techniques to use to de-escalade anxiety symptoms. She showed interest during the sessions, and she participated to the activities and did her best. D suggests that she continues to attend therapy at her own pace.

[ 8 ] The mother has addiction problems for which she attends different programs in treatment centers. Soon after she returned from her last treatment, she went back to her unhealthy lifestyle. [ 9 ] The father goes to Family Services A to work on his parenting and communication skills when it comes to his daughter. The father’s home is big enough for his daughter, his partner and him. The father is confident that his daughter will behave since she has been abiding by the rules when she visited him.

The father’s partner works at the same school where the child is attending and will escort her to and from school. [ 10 ] The security and development of X are still considered to be in danger according to

section 38 of the Youth protection act and the recommendations made by the DYP are in her best interests. FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application for revision and extension; [ 12 ] DECLAREs that the security and development of X are still considered to be in danger according to the

section 38 of the Youth protection act ; [ 13 ] ENTRUSTS the child to her father; [ 14 ] ORDERS that the contacts between the child and her mother be determined according to an agreement between the parties; [ 15 ] ORDERS that the parents be sober and do not consume while in the presence of their child; [ 16 ] PROHIBITS the parents from denigrating one another in the presence to their child; [ 17 ] RECOMMENDS to the parents to seek counselling for their personal issues and to involve themselves in those services as long as deemed necessary by the professionals involved; [ 18 ] RECOMMENDS that the father benefits from services aimed at developing his parental skills; [ 19 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the child and her family until June 30, 2024; [ 20 ] ENTRUSTS the situation of X to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment.

Signed on October 3 rd , 2023 ________________________________ ANDRÉE ST-PIERRE, J.C.Q. Me Mylène Pelletier-Rivet Contentieux CISSS A Attorneys for the Applicant Me Jules Grenier Lawyer for the child Me Ariane Cayer Lawyer for the mother B Father of the child – not represented Date of hearing: September 27, 2023