2022 QCCQ 12415, 2022 QCCQ 12415

Protection de la jeunesse — 227368 2022 QCCQ 12415 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000233-173 DATE: November 24, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2007 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on November 24, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Lucille Chabot on October 26, 2017. [ 3 ] Today, the Director recommends that the adolescent be entrusted to a foster family and that support measures be ordered for a period of one year.

The Director also recommends that the adolescent reintegrate her father’s care after six months, if he completes a psychological evaluation. [ 4 ] The mother agrees with the Director’s plan, except for her daughter’s reintegration to the father’s care. [ 5 ] The father and the adolescent agree with the recommendation. Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and analysis [ 7 ] The adolescent remained entrusted to the foster family of her paternal aunt, Ms. C.

She has been living in this environment since she was six years of age. [ 8 ] During spring 2022, the adolescent started exhibiting difficult behaviours (sometimes not respecting house rules and curfew, consuming weed, lying about her whereabouts). [ 9 ] The adolescent reported that she felt her aunt was too strict and too judgmental. On August 5, 2022, the adolescent left her aunt’s house and eventually went to reside with the foster family of her great aunt, D. She appears to do better in this environment. She is making efforts to consume less marijuana.

[ 10 ] The mother still struggles with substance abuse issues. Her collaboration with the Director is minimal. [ 11 ] The father made some progress. He is presently living with his mother. He reported being sober since July 2022. He has not sought for any formal support from the [organism A] worker. [ 12 ] Neither parent is in a position to resume the adolescent’s care, but it is foreseeable that the adolescent will eventually reintegrate her father’s care. [ 13 ] The Tribunal heard the father’s comments regarding his perception of the Youth Protection worker’s attitude.

The Tribunal encourages the parties to continue to interact with respect for each other.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application for revision; [ 15 ] DECLARES that the security or the development of the adolescent is still endangered; [ 16 ] REVISES the order rendered on September 6, 2017 by the Honourable Lucille Chabot; [ 17 ] ORDERS that the adolescent be placed in a foster family; [ 18 ] ORDERS that the adolescent progressively reintegrate her father’s care, after six months, if the father completes a psychological evaluation; [ 19 ] ORDERS that the adolescent receive a psychological evaluation as soon as possible; [ 20 ] ORDERS that the father undergo a psychological evaluation and follow the recommendations; [ 21 ] RECOMMENDS that the mother undergo a psychological evaluation as soon as possible; [ 22 ] ORDERS that the frequency and modality of contacts between the adolescent and her parents be determined by the Director of Youth Protection , including supervision if necessary; [ 23 ] RECOMMENDS that the parents engage in counseling with the adolescent for their unresolved issues; [ 24 ] RECOMMENDS that the parents seek help for their personal issues; [ 25 ] RECOMMENDS that the mother actively engage in treatment program for her substance abuse issues; [ 26 ] ORDERS that the parents remain sober in the adolescent’s presence; [ 27 ] ORDERS that the parents fully collaborate with the Director of Youth Protection and meet with the worker upon request; [ 28 ] AUTHORIZES the Director of Youth Protection to obtain and share information with service providers working with the family as per progress and attendance; [ 29 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 30 ] THE WHOLE for a period of one year; [ 31 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on January 6, 2023 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the adolescent Mtre Marie-Josée Ayoub Counsel for the mother Mtre Justine Bergeron Counsel for the father Date of hearing: November 24, 2022