2023 QCCQ 5703, 2023 QCCQ 5703

Protection de la jeunesse — 232991 2023 QCCQ 5703 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001967-162 DATE: June 28, 2023 ______________________________________________________________________ BY THE HONOURABLE MARIE-CHANTAL BRASSARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] in his quality of authorized person by the Director of Youth Protection A Applicant and X Child and A B Parents ______________________________________________________________________ AMENDED JUDGMENT (Section 95 of the Youth Protection Act) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Youth Protection Director has filed an application to extend and revise the judgment rendered on December 6, 2022, by the Honorable Peggy Warolin, entrusting the youth to a rehabilitation center and then to be reintegrated under the care of Mrs. C. [ 2 ] The Director alleges that the youth’s situation requires a review and an extension of the decision. The youth has behavioural issues that have increased since her reintegration under the care of Mrs. C.

The foster mother was overwhelmed, so again, the youth was entrusted to a rehabilitation center as a provisional measure. [ 3 ] As final measure, the Director recommends that the youth be entrusted to a rehabilitation center. The structured environment is reassuring for the youth and is needed for her to improve and adopt long-term behavioural changes. [ 4 ] The youth shows a lot of introspection. She is able to acknowledge past mistakes and to make changes to not repeat them.

But, even with all her improvements and good faith, she sometimes self-sabotages the situation, probably as a coping mechanism. [ 5 ] All parties admit the needs for the youth to be entrusted to a rehabilitation center for the time being. Different options are being evaluated for fostering the youth when the intensity of services as provided now at the Group Home will no longer be required.

Such assessment is required to ensure that the reintegration will be a success. [ 6 ] Taking into consideration all evidence adduced and admissions of the parties, the Court finds that the security and development of the youth are still in danger and that the following measures meet her needs and are in her best interest. THEREFORE THE COURT: [ 7 ] GRANTS the motion; [ 8 ] DECLARES that the security and development of the youth X, born on [...], 2006, are in danger under

section 38 b) 1 iii and

f) of the Youth Protection Act; [ 9 ] ORDERS that the child be entrusted to an institution operating a rehabilitation center, chosen by the institution operating a child and youth protection center; [ 10 ] ORDERS that the child be gradually reintegrated in a foster family as soon as the situation allows it;

[ 11 ] ORDERS that the child and the child’s parents take an active

part in the application of any measures ordered by the Tribunal; [ 12 ] ORDERS that the child and the child’s parents report in person, at regular intervals, to the Director to inform him of the current situation; [ 13 ] ORDERS that the contacts between the child and the parents be determined by the Director as for the modalities, the frequency and the degree of supervision; [ 14 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and GRANTS them to the Director, namely regarding health, school, extracurricular activities, travelling and passport, if the parents cannot be reached in duly time; [ 15 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 16 ] RECOMMENDS that a new psychological assessment of the youth be conducted by a professional; [ 17 ] ORDERS that the recommendations, regarding the services needed, made by the psychiatrist or psychologist be followed as long as the situation of the youth requires it; [ 18 ] ORDERS the services of an external educator when the youth be reintegrated to a foster family; [ 19 ] TAKES JUDICIAL NOTICE that a visit with the father will be planned over the summer; [ 20 ] ENTRUSTS the situation of X to the DYP A who shall then see that the measures are carried out; [ 21 ] orders that police force collaborate to the execution of the court order; [ 22 ] THE WHOLE UNTIL J une 30, 2024. __________________________________ MARIE-CHANTAL BRASSARD, J.C.Q.

Me Catherine Windisch Attorney for the Youth Protection Me Lythiana Niyonkuru Attorney for the child Me Angèle Tommasel Attorney for the mother Me Michaël Pereira Attorney for the father Date of hearing: June 28, 2023 Last exhibit: D-47