2017 QCCQ 5780, 2017 QCCQ 5780

Protection de la jeunesse — 172503 2017 QCCQ 5780 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 525-41-029165-149 DATE: March 9 2017 ______________________________________________________________________ BY THE HONOURABLE LINE BACHAND, J.C.Q. ______________________________________________________________________ DIRECTOR OF THE YOUTH PROTECTION A X Born on [...] 1999 adolescent and A B parents JUDGMENT

Section 95 L.P.J. 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 ] This judgment is the written version of a decision rendered on the bench on March 9 2017, concerning X, who is 17 years old. [ 2 ] The Director of Youth Protection (Director) seeks to extend and revise an order rendered by the Honorable Denis Asselin on December 3 2015. This order was rendered under

section 95 of the Youth Protection Act. It was to the effect that the adolescent was entrusted to a rehabilitation center for a period of 4 months with reintegration to her mother’s care. A social follow up was also ordered for a period of one year with other measures. [ 3 ] The Director is asking to extend the social services offered to the adolescent and her family until she reaches the age of 18, on [...] 2017 and to entrust her to Ms. C.

The Director is also asking for an order to determine the frequency and modality of contact between X and her parents and a social follow up. [ 4 ] The father though, duly notified of the motion, failed to appear. He is informed of the Director’s recommendations and he agrees. The mother and X are present at court and assisted by their attorneys. They also agree to the Director’s recommendations. CONTEXT [ 5 ] The adolescent was fully reintegrated to her mother’s home by February 3 2016. Until December 2016, the situation remained stable. [ 6 ] In December 2016, however, it began to deteriorate.

X had an argument with her mother because she refused to let her go out at midnight on a school night. X left the apartment and slept at a friend’s home. On December 9 2016, X was accompanied by the social worker to Ms. C’s home. Ms. C is a cousin of the father. [ 7 ] X explained that she no longer wanted to live at her mother’s home. She also explained that she was left at home alone since the work shifts of her mother are in the evening. [ 8 ] With the consent of all the parties, X spent many days in December at Ms. C’s home.

[ 9 ] During the Christmas vacation, she had another argument with her mother. [ 10 ] In June 2016, X’s father made a suicidal attempt. Her relationship with him has become more distant since then. [ 11 ] Even if X has made progress, concerns remain regarding her stability, her mental health and her impulsivity. Recently, she has shown that she is able to mobilize herself. She appeared motivated and proud to be employed in a part-time job. [ 12 ] In January 2017, X was placed on the school’s “Alt” program because she had trouble with peers at school and it caused a fight. [ 13 ] Ms.

C encourages X to complete her high school diploma but it may be a challenge for the adolescent. [ 14 ] The adolescent needs support to be able to develop independent life skills. The Director and Ms. C will help her to reach this goal.

She will have to collaborate with them. [ 15 ] Considering the documentary evidence and the admissions of the parties, the involvement of the Director is still needed to support the adolescent and her family. [ 16 ] CONSEQUENTLY, AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security or development of X is still compromised; [ 19 ] AS FOR THE MEASURES : [ 20 ] ORDERS that X be entrusted to the care of Ms C; [ 21 ] TAKES JUDICIAL NOTICE that Ms C is being evaluated to become a foster family and in the eventuality that Ms.

C is recognized as a foster family : [ 22 ] ORDERS that X be entrusted to the foster family of Ms.

C; [ 23 ] ORDERS that the frequency and modality of contacts between the adolescent and her parents be determined by the Director of Youth Protection; [ 24 ] Strongly RECOMMENDS that the adolescent continue to access services from the GEMMA program; [ 25 ] RECOMMENDS that the adolescent consider participating in a supportive therapeutic process; [ 26 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family until [...], 2017; [ 27 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 28 ] ORDERS the execution of this judgement by any peace officer, if necessary; __________________________________ Line BACHAND, J.C.Q.

Me Isabelle LORANGER Director’s Attorney Me Marc MORIN Adolescent’s attorney Me Jean-Hervé THOMAS Mother’s attorney Date of hearing: March 9 2017