2017 QCCQ 16089, 2017 QCCQ 16089

Protection de la jeunesse — 176743 2017 QCCQ 16089 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 105-41-000422-163 DATE: September 5, 2017 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2000 Adolescent and A and B Parents/Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] Last November, the Court orders that the youth be entrusted to a foster family until the end of this month. [ 2 ] The director of youth protection (DYP) now asks the Court to revise and extend the previous judgment. The youth agrees with the DYP, while neither parent is present at the hearing. [ 3 ] For several months, the youth lives in a foster family located in Town A. However, she has to cope with more and more anxiety as time goes by.

Sometimes, the youth cannot go to school because of that problem. [ 4 ] Last spring, at her request, the youth is moved to a new foster family, closer to her home town. From then on, her anxiety level lessens. The youth attends school on a daily basis. [ 5 ] During the summer, the youth goes out with friends. She gets along very well with the foster mother, who provides her with constant support. The youth now lives the normal life of a teenager. [ 6 ] The youth benefits from a psychological follow-up.

She has a lot of potential and uses the tools provided by the counsellor. [ 7 ] The youth's relationship with her mother remains inconstant and marked with conflicts. [ 8 ] The mother deals with long-lasting consequences following a cranial trauma. She shows impulsive and inappropriate reactions. She is not able to play her role as a mother. Moreover, she refused the DYP's help. Her cooperation is next to non-existent.

She does not believe that her daughter has anxiety issues. [ 9 ] The mother often complains about her daughter's attitude, while the youth does her best to be nice in order to please her mother. [ 10 ] At times, the mother refuses to have contacts with her daughter. At the hearing, through her lawyer, the youth states that nowadays she has contacts with her mother. [ 11 ] The evidence convinces the Court that the application is in the youth's best interest. WHEREFORE, 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 youth protection act ; [ 14 ] REVISES AND EXTENDS the Court order rendered on November 8, 2016; [ 15 ] ORDERS that the adolescent be entrusted to the foster family designated by the director of youth protection, the one of Mrs. C, until April 25, 2018; [ 16 ] ORDERS that contacts between the adolescent and her parents be determined upon agreement between the parties and that they be supervised, if deemed necessary by the director of youth protection; [ 17 ] ORDERS to the adolescent and the mother to take an active

part in the application of the measures in order to put an end to the situation of endangerment; [ 18 ] RECOMMENDS that the mother implicate herself in a follow-up with a social worker to help her deal with her personal difficulties; [ 19 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and her family until April 25, 2018; [ 20 ] ENTRUSTS the situation of the adolescent to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier Rivet for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on September 15, 2017