2019 QCCQ 13983, 2019 QCCQ 13983

Protection de la jeunesse — 194441 2019 QCCQ 13983 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 640-41-001599-130 DATE : April 16, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2002 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ 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 liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on April 16, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered by the Honourable Lucille Beauchemin on April 19, 2018. [ 3 ] Today, the Director recommends that the adolescent be entrusted to her mother’s care and that support measures be ordered until her age of majority. [ 4 ] The mother is in agreement with the Director’s plan. [ 5 ] X’s father is also agreeing with the Director’s recommendations. [ 6 ] The adolescent’s attorney raise the question regarding compromission and invites the Tribunal to render a shorter order.

Questions in litigation [ 7 ] Is the adolescent’s security or development still endangered? [ 8 ] What should be the order’s duration? Context and Analysis [ 9 ] The mother actively collaborated with the Director. She remains sober since summer of 2018, sees a worker and an art therapist to resolve her own issues. [ 10 ] The adolescent progressed well within the rehabilitation centre’s structure. She generally respected the rules and expectations. [ 11 ] The adolescent is enrolled in Secondary 3 English. She can be late to school.

[ 12 ] The adolescent visits with her mother on a regular basis. The visits are reported as positive as she is respecting rules and doing her chores. The adolescent did not maintain contact with her father. [ 13 ] On February 22, 2019, the adolescent ran away from the group home. [ 14 ] On March 4 2019, the adolescent was discharged from the centre and sent to her mother. [ 15 ] At this point, the adolescent is ready to leave the centre and her mother is ready to resume her parental responsibilities. [ 16 ]

Section 2.3

a) of the Youth Protection Act stipulates that: Any intervention in respect of a child and the child’s parents under this Act must be designed to put an end to and prevent the recurrence of a situation in which the security or the development of the child is in danger (…). [ 17 ] Considering the mother’s history of addiction, the Tribunal and the Director should be cautious. Support measures should remain in order to solidify the mother’s gains. [ 18 ] The mother understands the need to maintain her sobriety and the importance of maintaining support services.

She registered for a family treatment program in City A during next summer. The Director’s support remains necessary. As she maintained her sobriety since last summer, a six month order appears necessary.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application for revision; [ 20 ] DECLARES that the security or the development of the adolescent is still endangered; [ 21 ] REVISES and EXTENDS the order rendered on April 19, 2018; [ 22 ] ENTRUSTS the adolescent to the care of her mother; [ 23 ] RECOMMENDS that the mother engage in services to support her continued sobriety; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 25 ] THE WHOLE for a period of six months; [ 26 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on June 6, 2019 /cd Mtre Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the adolescent Mtre Michel Grenier Counsel for the mother Mtre Marie-Josée Ayoub Counsel for the father Date of hearing: April 16, 2019