2015 QCCQ 17756, 2015 QCCQ 17756

Protection de la jeunesse — 155682 2015 QCCQ 17756 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division File number : 145-41-000477-155 DATE: November 12, 2015 ______________________________________________________________________ BY THE HONOURABLE DENIS PARADIS, C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION , Petitioner -and- X , born on [...], 2000 Adolescent -and- A , -and- 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 ] A petition for revision and extension of an order in respect of X, born on [...], 2000 is referred to the Court by the Director of youth protection pursuant to

section 95 of the young protection Act. [ 2 ] The petitioner asks this Court that X goes to school in [Province A] and that she can lives there with her cousin, Mrs C. [ 3 ] At the hearing, the parents are absents but the petition has served to them.

The adolescent is represented by a lawyer. [ 4 ] The parties consent of exhibits D-2, D-3 and D-4 submitted for the testimony of their author (D-2, psychosocial report of Mrs [Social Worker 1], D-3 report of social worker Mr [Social Worker 2], D-4, consent of the mother, signed by her and Mrs [Social Worker 1]). [ 5 ] The parties admit, for the essential, the situation described at the petition and consent to its conclusions. [ 6 ] At the end of the hearing, the court grants the motion. This is the written judgment, in order to the law. THE EVIDENCE [ 7 ] X is an adolescent of 15 years old.

On last August, she went to visit her cousin, C, in [Province A]. After that, she expressed living there and that there were more opportunities for her to improve her education there than in Town A. [ 8 ] Her father, Mr B, is in agreement with the facts that his daughter lives at Town B, but he wishes to continue to exercise his parental authority towards her.

[ 9 ] The mother, Mrs A, signed a letter in which one she confirms that she has review the psychosocial report of Mrs [Social Worker 1] and that she agrees with it. [ 10 ] Mr [Social Worker 2], author of the exhibit D-3, writes in his report that Mrs C lives with Mr D and their two children. He writes also: “ I found C and D to a very pleasant and easy going young couple.

C works with [Company A], a local consulting firm and D works for [Company B]. [ … ] Based upon my brief interaction with the family I feel that X will be well cared for and supported in their home [1] . ” [ 11 ] The Court heard the testimony of Mrs [Social Worker 1]. She testifies about the partnership between the Town A social services and the Town B First Nations Child and Family Services in [Province A]. [ 12 ] She confirms to this Court that X will receive all the services that she needs.

Also, it is clear that all the situation will be revise at the end of the current school year. [ 13 ] Mrs [Social Worker 1] adds at her report: “ Also X than went on to talk about how it was living at C’s home, she said staying there for her schooling is beneficial for her, she feels happy and like part of family. [ … ] In addition, X has gotten involved into sports again, she has tried out for the hockey team [2] . ” [ 14 ] Considering the whole evidence, reports and testimony, the consent of the parties and the interest of the adolescent.

WHEREFORE, THE COURT: [ 15 ] GRANTS the petition for revision and extension of order; [ 16 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 17 ] AUTHORIZES X to reside at C’s place for the purpose of her schooling; [ 18 ] MAINTAINS all the conclusions of the judgment rendered on April 9, 2015 that are not incompatible with the present; [ 19 ] ORDERS that the father continue to exercise his parental authority; [ 20 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and her family until March 31, 2016; [ 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. [ 22 ] Without costs. __________________________________ DENIS PARADIS, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Alexis Deschêmes for the adolescent Mrs A The mother Mr B The father Date of hearing: October 28, 2015