2016 QCCQ 3860, 2016 QCCQ 3860

Protection de la jeunesse — 1670 2016 QCCQ 3860 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division File number : 110-41-000083-999 DATE: February 2, 2016 ______________________________________________________________________ BY THE HONOURABLE DENIS PARADIS, C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION , Petitioner -and- X , born on […], 1998 Adolescent -and- A, Parent ______________________________________________________________________ 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.). [ 1 ] JP2189 A petition for revision of an order in respect of X, born on […], 1998, is referred to the Court by the Director of Youth Protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] In substance, she requires that the adolescent be entrusted to a foster family until she integrates an autonomous place of residence. [ 3 ] At the hearing, X is present with her lawyer. She consents of exhibits D-3 submitted for the testimony of the author Mrs [social worker 1]. She admits, for the essential, the situation described at the petition and she is comfortable with the recommendations. THE EVIDENCE [ 4 ] X has seventeen years old. Since 2001, she lives with Mr B and Mrs C as foster parents. She calls them mom and dad.

She never really knows her biological mother. [ 5 ] Now, she says that “she needs more freedom, autonomy and that she wants to be considered as an adult [1] .” [ 6 ] With her foster family, the climate is not very good. In fact, the evidence reveals that Mr Br and Mrs C are always keep X under a severe control. By example, “she was not allowed to have a boyfriend, to sleep over to her friends, to go to parties, to hang out with friends, etc [2] .” [ 7 ] In last November, the youth moved to the residence at the Cegep. She decided at this time that she does not go back home.

X considers Mrs C and Mr B as her parents. Mrs [social worker 1] wrote at her report : “ She does not want her « parents » to be mad at her but she does not want to go back there neither. She really needs to have freedom and to develop her autonomy. Mrs [C] tells us that her « daughter » feels bad because of « what she did » to them, what confirms us that they don’t see their parts of the

responsibility in this situation. When we met both of them, they reported that [X] was completely irresponsible and immature, to justify their control on her [3] ” [ 8 ] Now, X resides with Mrs D. She was her teacher in high school. She will live there until she can integrate an autonomous place. [ 9 ] Considering the report’s content and the position of the parties, and the interest of X, the court grants the petition in the sense of the recommendations of the Director of youth protection. WHEREFORE, THE COURT: [ 10 ] GRANTS the petition; [ 11 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 12 ] ORDERS that X be entrusted to the foster family of Mrs D until […], 2016; [ 13 ] AUTHORIZES the adolescent to integrate an autonomous place of residence as soon as the situation permits; [ 14 ] ORDERS that the adolescent benefits from all the health and social services needed; [ 15 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent X and her family until […], 2016; [ 16 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. [ 17 ] Without legal costs. __________________________________ DENIS PARADIS, J.C.Q.

Me Mélissa Plourde for the petitioner Me Yves Desbiens for the adolescent Date of hearing: January 20, 2016