2022 QCCQ 8270, 2022 QCCQ 8270
Opinion
Protection de la jeunesse — 224996 2022 QCCQ 8270 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division N° : 565-41-000349-197 DATE : February 23, 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 Teenager, born on [...], 2005 et A B 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 February 24, 2022, the Honourable Justice Nadine Piché declared the teenager’s situation compromised. [ 2 ] The grounds for this conclusion are based on the evidence that the girl has serious behavioural problems.
Indeed, the teenager is self-harming and has suicidal thoughts. [ 3 ] In addition, Justice Piché also found that the teenager was exposed to psychological abuse in relation to the emotional rejection shown by the father. [ 4 ] The adolescent was placed in foster care for 12 months. [ 5 ] Since then, the situation of parents has not changed significantly. [ 6 ] However, the adolescent demonstrates that she is comfortable with her foster family and asks to remain there until she reaches the age of majority. [ 7 ] The parents are in agreement with the life project proposed by the adolescent and the Director. [ 8 ] The Tribunal concludes from the evidence that the adolescent’s situation requires a review and extension of the measures ordered on 24 February, 2021, so that her needs are properly addressed until she reaches her majority.
DECISION [ 9 ] The Tribunal finds that the adolescent’s safety and development are still compromised. [ 10 ] The Tribunal will grant the protective measures that the evidence shows are appropriate to his needs. [ 11 ] The application is well founded, in the best interests of the girl and respects her rights.
[ 12 ] THEREFORE, THE COURT : [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and the development of the adolescent are still compromised; [ 15 ] REVISES AND EXTENDS the decision rendered on February 24, 2021, by the Honourable Judge Nadine Piché; [ 16 ] ORDERS the execution of the following protective measures:
a) That the adolescent is entrusted to the foster family of C, until her majority ;
b) That a person authorized by the Director of Youth Protection provide aid, counsel and assistance to the adolescent and her family until her majority ;
c) That the adolescent receives all services required by his situation;
d) That the parents participate actively in the elaboration and the application of the intervention plan;
e) That the contact between the mother and the adolescent is according to an agreement between the parties;
f) That the contact between the father and the adolescent is according to an agreement between the parties, and if there no agreement, the contacts will be supervised; [ 17 ] RECOMMENDS:
a) That the mother implicates herself in a personal follow-up;
b) That the father implicates himself in services to rebuild the relation with the adolescent; [ 18 ] 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 Andréa Caron Counsel for the adolescent Ms A The mother Mr B The father Date of hearing: February 23, 2022
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