2019 QCCQ 14946, 2019 QCCQ 14946

Protection de la jeunesse — 1910480 2019 QCCQ 14946 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 145-41-000615-192 DATE: December 5, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF ADOLESCENT PROTECTION Applicant -and- X born on […], 2004 Adolescent -and- A -and- B Parents/Respondents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Adolescent 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 ] In August of 2019, the Court orders that X be entrusted to a foster family. At the time, the plan is for the adolescent to go back living with her mother. [ 2 ] The director of youth protection (DYP) now asks that the adolescent remain in foster care until the end of next summer. [ 3 ] The adolescent is in agreement with the application. In fact, it is her wish to remain in her current foster family.

The mother sends a letter in which she indicates that she also agrees with the extension of the placement. The father is absent and has no contact with the adolescent. [ 4 ] Following the hearing, the Court renders judgment orally, granting the application. Here are the reasons supporting that decision. [ 5 ] The adolescent still has to cope with traumas related to her past. However, she is doing better than a few months ago.

She does not present self-harm behaviour anymore, even though she states still having suicidal ideation. [ 6 ] In school, the adolescent is doing extremely well, her marks are excellent. [ 7 ] Two months ago, the family has to deal with a dramatic event, as the mother’s partner commits suicide. The mother is then shortly hospitalized due to stress. The adolescent also suffers from that loss, as the mother’s spouse was involved in her life. [ 8 ] The mother now lives with her own mother, along with her youngest son. The youth is reluctant to go live there.

She does not have a strong relationship with her grandmother. On the other hand, she enjoys living with her foster family and has good friends in the area. [ 9 ] There is no contact between the adolescent and her father. The father states he does not want to be part of his daughter’s life. The adolescent also says she would refuse to see him. She also indicates she does not want to have any contact with her brother Y. [ 10 ] The adolescent has been through a lot. We must let her live in peace in her foster family. [ 11 ] The evidence convinces the Court that the application is well founded.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 12 ] GRANTS the application for revision and extension of order; [ 13 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the adolescent

protection act ; [ 14 ] REVISES AND EXTENDS the Court order rendered on August 7, 2019; [ 15 ] ENTRUSTS the adolescent to a foster family designated by the DYP; [ 16 ] ORDERS that the contacts between the adolescent and her mother be determined according to an agreement between the parties; [ 17 ] ORDERS that the contacts between the adolescent and her brother Y, if any, be determined according to an agreement between the parties and that they be supervised as long as deemed necessary by the DYP; [ 18 ] ORDERS that the contacts between the adolescent and her father, if any, be determined according to an agreement between the parties and that they be supervised as long as deemed necessary by the DYP; [ 19 ] RECOMMENDS that the adolescent receive the health care and social services that are required according to her condition, particularly a psychological follow-up; [ 20 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and her family until August 31, 2020; [ 21 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on December 6, 2019