2016 QCCQ 6013, 2016 QCCQ 6013

Protection de la jeunesse — 162568 2016 QCCQ 6013 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] LOCALITY OF […] Youth Division No. 555-41-000023-116 DATE: March 23, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE MARIE PRATTE J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION Petitioner and X Adolescent and A B In their capacity as parents ______________________________________________________________________ JUDGMENT (section 95, Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] Considering that the security and development of X, 14 years old, are still in danger, the Director of Youth Protection asked the Court to review and extend the order rendered on October 28, 2015. [ 2 ] On that date, Line Gosselin J. declared that the security and development of the adolescent were in danger and entrusted her to her grandmother, as a foster family, until June 28, 2016. [ 3 ] At the hearing, the Director recommended that the adolescent be entrusted to her maternal grandfather for one year. [ 4 ] The parents did not attend the hearing.

The mother was served with the motion. Given that the father is absent from his daughter’s life, a waiver of service was granted in his regard. [ 5 ] With consent, the attorney for the Director of Youth Protection filed the caseworker’s report to serve as testimony. [ 6 ] The evidence shows that the adolescent wants to live with her maternal grandfather, to whom she was provisionally entrusted on February 12, 2016. [ 7 ] There is a bond between the adolescent and her maternal grandfather.

However, the maternal grandmother, to whom the young girl was entrusted, told the caseworker that, if her granddaughter had contact with her former spouse, she would ask that she be moved. [ 8 ] The evidence also shows that, according to the preponderant evidence, the grandmother’s environment is not sufficiently stimulating for the adolescent. [ 9 ] Moreover, the grandfather is willing to take charge of his granddaughter in the long term, and he has the necessary skills to meet her needs.

Hence, in this case, it is clearly in the adolescent’s interest that she be entrusted to her maternal grandfather, as she wishes. [ 10 ] In the circumstances, the Court has no hesitation in declaring that the security and development of the adolescent are still in danger and in allowing the proposed protective measures, which, according to the evidence, are suited to her needs. [ 11 ] The application is founded. It is in the interest of the adolescent and in keeping with her rights. [The following passage appears in English in the original French-language judgment.]

[ 12 ] THEREFORE, THE COURT : [ 13 ] ALLOWS the motion; [ 14 ] DECLARES that the adolescent’s security and development are in danger; [ 15 ] REVISES AND EXTENDS the decision rendered on October 28, 2015; [ 16 ] ORDERS the execution of the following protective measures:

a) That the adolescent be entrusted to her maternal grand-father, Mr C, for a period of one year. Mr C will be evaluated as a proximity foster family for the adolescent and ORDERS the placement in that foster family if the evaluation is positive;

b) That a person working for an establishment or organism of the [Center A] provide aid, counselling or assistance to the adolescent and her family for a period of one year;

c) That the contacts between the adolescent and her mother be determined according to an agreement between the parties; any dispute in that regard to be submitted to the Court;

d) That the mother report periodically to the Director of Youth Protection in regards to the evolution of her situation and the steps taken in order to put an end to the situation compromising the security and/or development of the adolescent;

e) That the mother participate actively in the elaboration and application of the intervention plan; [ 17 ] RECOMMENDS :

a) That the mother undergo therapy for her substance abuse and receive services aimed at improving her parenting skills;

b) That the mother receive the required services for her situation (parental abilities) and that she applies the recommendations; [ 18 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection for the execution of this decision. __________________________________ MARIE PRATTE J.C.Q. Mtre. Ariane Beaulieu Counsel for the Director of Youth Protection Mtre. Manon Guitard Counsel for the adolescent Date of hearing: March 23, 2016