2019 QCCQ 11936, 2019 QCCQ 11936

Protection de la jeunesse — 192304 2019 QCCQ 11936 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005545-176 DATE: March 14, 2019 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2002 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B Parents ______________________________________________________________________ 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 ] On March 26, 2018, the Court declares that the security and the development of the adolescent X are in danger in reason of educational neglect and serious risk of sexual abuse.

As to the corrective measures, the Court homologates an agreement having intervened between the parties. Among the various measures put in place for one year, the parties agree that the adolescent remain in foster care and benefit from contacts with her parents (with supervision as to her father). [ 2 ] The Director of Youth Protection seeks the extension of said measures for six months and proceeds in virtue of article 95 (3) of the Youth Protection Act by producing an agreement of non-attendance by the parties to an uncontested Court hearing, as well as the report on the situation of the adolescent.

This agreement is further confirmed at the Court hearing. [ 3 ] Analysis and decision [ 4 ] Since the last order, X remains in foster care and is evolving generally well. Her situation is stable on all levels and she is better able to deal with the various challenges which she faces. Her self-confidence and ability to affirm herself are ongoing issues. [ 5 ] Until June 2018, X remains reticent to resume visits with her family. As such, contacts are mostly limited to phone calls with her mother. As of June, she states being ready to have more extensive contacts and this, with both her parents.

As of now, several supervised visits have occurred and all indicate their satisfaction with this progression. [ 6 ] The caseworker observes that the father can still make inappropriate comments to his daughter, which can affect X’s emotional stability. As such, an accompaniment is still necessary. [ 7 ] Although her parent’s state being happy that their daughter is doing better, they still fail to understand nor recognize the reasons justifying the implication of social services. As such, they have been little invested in making changes in their approaches.

X is struggling to cope with this lack of investment but is able to accept this reality in order to work towards maintaining a relationship with her parents. [ 8 ] Everyone accepts that X needs to focus on an alternative life plan, namely independent living. As of January 2019, she begins a follow-up with an educator with the objective of working on her autonomy. [ 9 ] After taking into consideration the parties' admissions as well as the documentary evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and furthermore, give rise to the measures sought.

[ 10 ] FOR ALL THESE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and the development of the adolescent are still in danger; [ 13 ] EXTENDS the Court order rendered on March 26, 2018; [ 14 ] ENTRUSTS the adolescent to a foster family chosen by the Director of Youth Protection A; [ 15 ] ORDERS that the contacts between the adolescent and her mother be following agreement between the parties; [ 16 ] ORDERS that the contacts between the adolescent and her father be following agreement between the parties and in the presence of a third party chosen by the Director; [ 17 ] AUTHORIZES lifting of the supervision of the contacts between the adolescent and her father following agreement between the parties; [ 18 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures the apply in their own regard or their child’s regard to put an end at the situation in which the security or development of the adolescent is in danger; [ 19 ] ORDERS that the adolescent and her parents take an active

part in the application of the measures ordered; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 21 ] ALL THESE MEASURES for 6 months; [ 22 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection for A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Audrey-Anne Monière Attorney for the Applicant Me Maryse Fournier Attorney for the mother Me Karine P. Poissant Attorney for the adolescent Date of hearing: March 14, 2019