2020 QCCQ 7295, 2020 QCCQ 7295

Protection de la jeunesse — 206126 2020 QCCQ 7295 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001175-097 DATE: February 25 th 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2007 Adolescent [SOCIAL WORKER 1] and [SOCIAL WORKER 2] , youth protection workers, duly authorized by the Director of Youth Protection A Applicant and A 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 April 19 th 2011 in the situation of the adolescent, X. [ 2 ] The adolescent is present in court.

She ignores most of the alleged facts and accepts the measures proposed by the Director. [ 3 ] The parents were notified of the proceeding but did not show up in Court. They partially contest the measures proposed by the Director. [ 4 ] The last decision entrusted the adolescent to the care of Ms C until the age of majority. [ 5 ] The Director now wants the adolescent to be entrusted to Ms D. [ 6 ] The parents would prefer that the adolescent be entrusted to her oldest brother.

The parents did not ask that the adolescent be returned back to them. [ 7 ] The evidence shows that the adolescent needed to be removed from Ms C’s care as two men present in the household would have sexually abused one of the child fostered by Ms C. [ 8 ] The Director received this information on April 25 th 2019 and asked Ms C to move to another place with the children who were fostered by her. She did go at her father’s domicile but at the end of the summer 2019, she decided to go back to live with the two abusers.

Ms C told the Director that she needed the support of these two men to cope with her task of taking care of the whole family. [ 9 ] Ms C ensured that the children would not be left alone with the abusers and that she would sleep in the same room as the adolescent and another girl. [ 10 ] Ms C informed the Director in September 2019 that she could not keep the fostered children with her any longer.

[ 11 ] The adolescent was entrusted to Ms D, Ms C’s daughter, along with another fostered child. [ 12 ] The adolescent has known Ms D for more than nine years. Ms D has lived in the same household when she was younger and maintained contact very frequently with her. [ 13 ] Ms D testifies and says that she is willing to take care of the adolescent until she reaches her majority. She considers her as her little sister. [ 14 ] The proposition of the parents was analysed by the Director. [ 15 ] The adolescent’s bother, Mr Y, is 21 years old. He is actively contributing to the wellbeing of the family.

Another child was entrusted to him with the expectation that he could foster him for a long period. Mr Y was overwhelmed by this task and had to ask that this child be removed from his care. [ 16 ] The adolescent was offered stability since she was entrusted to the D family, nine years ago. Ms D who is strongly bonded to the adolescent, can continue to offer said stability. [ 17 ] The adolescent was questioned by the Director as to the abuse performed in household.

She had never heard about it and was never abused. [ 18 ] She is very happy to continue her development with Ms D. [ 19 ] She will need some support to adjust to the reality of a young adolescent.

FOR ALL THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the adolescent, X, are still in danger; [ 22 ] REVISES the decision rendered on April 19 th 2011; [ 23 ] ORDERS that the adolescent be entrusted a foster family, namely that of Ms D; [ 24 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the adolescent’s regard to put an end to the situation of compromission; [ 25 ] ORDERS that the adolescent and the parents take an active

part in the application of the measures; [ 26 ] ORDERS that the adolescent and the parents report in person, at regular intervals, to the Director of Youth Protection, to inform him of the current situation; [ 27 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the adolescent; [ 28 ] ORDERS that the parents seek help through social services concerning their alcohol and personal issues; [ 29 ] ORDERS that the contacts between the adolescent and the parents be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 30 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and GRANTS them to Ms D, namely regarding health, school, extracurricular activities, travelling, passport and driving permit; [ 31 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the adolescent and the family; [ 32 ] ORDERS that the Director of Youth Protection offer support to the adolescent in order to respond to her needs, namely her behaviour and performance at school; [ 33 ] ORDERS that the foster family, namely Ms D ensure that the adolescent is not left alone in the presence of E; [ 34 ] ORDERS that written transcription of the hearing in English be made and be given to all the lawyers; [ 35 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection for the execution of the measures; [ 36 ] THE WHOLE until April 24 th 2025. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Adele Cyr, Attorney for the applicant Mtre Laurence Migue, Attorney for the adolescent Mtre Angele Tommasel, Attorney for the mother