2022 QCCQ 8273, 2022 QCCQ 8273

Protection de la jeunesse — 224999 2022 QCCQ 8273 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division N° : 565-41-000461-216 DATE: March 16, 2022 ______________________________________________________________________ BY THE HONOURABLE SYLVAIN MEUNIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], person authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant et X Adolescent, born on [...], 2008 et A B (deceased) As parents ______________________________________________________________________ JUDGMENT (Art. 95 of the Youth Protection Act) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision is liable to a fine. [ss. 11.2, 11.2.1, and 135 Y.P.A .] OVERVIEW [ 1 ] On June 23, 2021, the Honourable Justice Nadine Piché declared the teenager’s situation compromised on the grounds that she was exposed to psychological abuse (domestic violence) and that she was at serious risk of neglect with respect to the mother’s mental health. [ 2 ] The child was ordered to be placed in the care of his mother and stepfather alternately without the presence of the other spouse. [ 3 ] Since the last order, the mother has cooperated well and demonstrated that she can take care of the teenager. [ 4 ] However, her relationship with the father of her other children remains abusive and not suitable for the adolescent’s development.

DECISION [ 5 ] In these circumstances, and having considered the evidence submitted, the Tribunal finds that the adolescent’s safety and development are still compromised on the grounds that she is exposed to psychological abuse and is at serious risk of neglect. [ 6 ] The Tribunal will grant the protective measures that the evidence shows are appropriate to his needs. [ 7 ] The request is well founded.

The application is in the best interests of the adolescent and respects her rights. [ 8 ] THEREFORE THE COURT : [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and the development of the adolescent are still compromised; [ 11 ] REVISES AND EXTENDS the decision rendered on June 23, 2021, by the Honourable Judge Nadine Piché;

[ 12 ] ORDERS the execution of the following protective measures:

a) That the adolescent remain entrusted to the proximity foster family of C for a period of 3 months and after that 3 months the adolescent will be entrusted to her mother outside the presence or Mr. D;

b) That a person authorized by the Director of Youth Protection provide aid, counsel and assistance to the adolescent and her family for a period of 12 months ;

c) That the adolescent receives all services required by his situation;

d) That the mother participates actively in the elaboration and the application of the intervention plan;

e) That the contact between the adolescent and her mother is according to an agreement between the parties, outside Mr. D presence; [ 13 ] RECOMMENDS:

a) That the mother seeks and receives the services required by her state; [ 14 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ SYLVAIN MEUNIER, J.Q.C. Me Laura Normandin Counsel for the Director of Youth Protection Me Amélie Samson Counsel for the adolescent Me Andréa Caron Counsel for the mother Date of hearing: March 16, 2022