2020 QCCQ 7302, 2020 QCCQ 7302

Protection de la jeunesse — 206133 2020 QCCQ 7302 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-002258-181 DATE: February 26 h 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2005 Adolescent [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A (deceased) Mother and B Father ______________________________________________________________________ JUDGMENT (

Section 95 Youth Protection Act , R.S.Q. c. P-34.1 ) ______________________________________________________________________ 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 ] The Director of Youth Protection (the “Director”) asks the Court to review the decisions made on January 18 th 2019 concerning the adolescent, X. [ 2 ] The father was duly informed of the proceedings but refused to present himself in Court. [ 3 ] The adolescent is present through visio conference. She is presently in a rehabilitation centre in Town A. [ 4 ] She admits some of the alleged facts but does not want to talk too much to her lawyer.

She wants to be entrusted in foster care in Town A. She does not want to be back either in Town B neither in Town C. [ 5 ] The father has rejected his daughter and became less and less implicated in her life. [ 6 ] The mother passed away when she was six. [ 7 ] The maternal grandmother is still a significant figure for the adolescent but she was abused sexually during a visit to her residence last summer. [ 8 ] The adolescent is a gifted young lady.

She is very motivated with her schooling and wants to be educated. [ 9 ] She told Dr Bel Tempo, psychologist during her interview in April 2019 that she wanted more psychological and psychiatric services. [ 10 ] Dr Bel Tempo underlined in April 2019 that she needed these services urgently. [ 11 ] The adolescent was kept in a rehabilitation centre in Town C where the services could not be provided. [ 12 ] She is now at [Centre A] in Town A where she will have access to the services she needs. She was only transferred there very

recently. [ 13 ] She has put herself in danger when she was allowed to visit her family in December. She was on the run for nearly a month. [ 14 ] She has been in a reception centre since March 2018. She is only 14 years old. It is time for her to receive services which she deserves and to give her the hope that she will not stay in a reception centre for another year as suggested by the Director. [ 15 ] She wanted to address the Court without the presence of her educator in the visio conference room in Town A.

She insisted on the fact that she needs to be fostered in Town A, away from her community and away from her father. She wants to concentrate on her studies.

FOR ALL THESE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of the adolescent, X, are still in danger; [ 18 ] REVISES the decision rendered on January 18 th 2019; [ 19 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre for a maximum period of six months and ALLOWS gradual reinsertion in the foster family after a period of three months; [ 20 ] RECOMMENDS that said rehabilitation centre be located in Town A and that the eventual foster family also be located in Town A; [ 21 ] ORDERS that on August 26 th 2020 that the adolescent be entrusted to a foster family; [ 22 ] ORDERS that the adolescent and the father take an active

part in the application of the measures; [ 23 ] ORDERS that the adolescent and the father report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 24 ] ORDERS that the adolescent attend a school or another place of learning; [ 25 ] ORDERS that the adolescent receive specific healthcare and health services required by her situation, namely psychological and substance abuse services; [ 26 ] ORDERS that the father remain without any violent behaviour in the presence of the adolescent; [ 27 ] ORDERS that the father seek help through social services concerning his personal issues and parental capacities; [ 28 ] ORDERS that the contacts between the youth, the father and the extended family be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 29 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the adolescent and the family; [ 30 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection for the execution of the measures; [ 31 ] THE WHOLE until January 31 st 2021, except for the duration of the placement in the rehabilitation centre which is ordered until August 26 th 2020. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Adele Cyr, Attorney for the applicant Mtre Laurence Migue, Attorney for the adolescent