2019 QCCQ 15181, 2019 QCCQ 15181

Protection de la jeunesse — 1911715 2019 QCCQ 15181 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT […] « Youth division »

N° : 640-41-001009-072 DATE : August 20, 2019 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF: X Born on [...], 2002 Adolescent [SOCIAL WORKER 1], person duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A Applicant and A Mother ______________________________________________________________________ AMENDED JUDGMENT ______________________________________________________________________ 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.).

Introduction [ 1 ] The Court is seized of an application for extension of a decision rendered on July 24, 2018, presented by the Director of youth protection (the Director), requesting that the security and development of the youth be declared still in danger as expressed in the motion. [ 2 ] Consequently the Director asks the Court to entrust the youth to a rehabilitation center, as well as other measures to stabilize the youth’s behaviour and determine a life plan for her. [ 3 ] The mother is absent but her lawyer have a mandate and inform the Court that mother will respect her daughter’s wishes. [ 4 ] The adolescent agrees with the recommendations of the Director and admits most of the allegations of the motion.

She asks to attend a regular school. [ 5 ] The present judgment completes and confirms the observations that were made on the bench. Question in litigation [ 6 ] Are the security and development of X still compromised? In the affirmative, do the recommended measures answer her needs and are they in her best interest? Context and Analysis [ 7 ] The Director is involved in X’s situation, since 2004. [ 8 ] Since the last decision the youth remain in a rehabilitation center, and some issues regarding suicidal ideation, crisis, and

behavior issues relates to previous sexual abuses by a foster father. [ 9 ] The visits at the mother’s place are always difficult for X. She is 17 and needs to learn how to live correctly her adulthood. [ 10 ] X is presently followed by a psychologist, and is in art therapy.

She would like to stop this follow up with the psychologist but wants to maintain the art therapy. [ 11 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the adolescent are still in danger and that the measures suggested meet his needs and deemed to be in his best interest.

THEREFORE AND FOR ALL THESE REASONS THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of X are still in danger; [ 14 ] ENTRUSTS the adolescent to a rehabilitation center chosen by the institution operating a child and youth protection center with a possible reintegration after a period of 6 months, to foster home or to the parents; [ 15 ] TAKES JUDICIAL NOTICE that the Director intends to work on X’s autonomy, and develop a plan for adulthood; [ 16 ] ORDERS the youth and her parents to take an active

part in the application of the measures ordered; [ 17 ] ORDERS that the contacts between the youth and her parents be determined by the Director, as to the modalities, frequency and degree of supervision; [ 18 ] ORDERS parents, to remain sober when in the presence of the youth; [ 19 ] ORDERS that aid counsel and assistance be provided to the youth and her family; [ 20 ] THE WHOLE until July 31, 2020 ; [ 21 ] ENTRUSTS the situation of the adolescent to the Director who shall then see that the measures are carried out; [ 22 ] ORDERS the execution of the present decision by any police officer if necessary. __________________________________ DOMINIQUE WILHELMY, J.C.Q.

Signed on Me Robert André Adam Counsel for the Director of the Youth Protection Me Caroline Jennis Counsel for the adolescent Me Angèle Tommasel Counsel for the mother Date of hearing: August 20, 2019