2022 QCCQ 6861, 2022 QCCQ 6861
Opinion
Protection de la jeunesse — 223075 2022 QCCQ 6861 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth Division »
No: 105-41-000547-217 DATE: June 7, 2022 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2004 Adolescent and A (Deceased) 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 9.2 and 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to revise and extend the order rendered on April 26, 2022, in respect of the adolescent in order for her to integrate an independent living to attend school. [ 2 ] At the hearing, the father is absent, even though he was duly notified. The adolescent’s counsel expresses her consent to the recommendations of the DYP. [ 3 ] The adolescent was living with her mother until she passed in August 2020.
She went to live with her older half-brother and his family as well as her twin brothers. They were a lot of persons in a small apartment. She had little privacy, and it caused her a lot of discomfort. She was placed in another foster home for a short time, but it did not work out. She was then entrusted to a kinship foster family. She is adapting well to her new environment. All her needs are taken care of. [ 4 ] The father left when the adolescent was six months old and he never took care of his daughter. He had little contact with her over the years.
H e has a significant substance abuse issue and has had a few stints in detention. [ 5 ] The adolescent is completing her last year of high school. Her behaviour and her schooling are exemplary. Next September, she will begin her college studies at Cégep in Town A. She made all the necessary steps with the help of her foster mother to set up this project and what it involves. Her foster family will continue to support her in her plan for the future and are able to provide her with a healthy, secure and stable environment. In addition, we must also consider that within six months, she will reach her majority.
FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 6 ] GRANTS the application for revision and extension of order; [ 7 ] REVISES AND EXTENDS the judgment render on April 26, 2021; [ 8 ] DECLARES that the security and development of X are still considered to be in danger according to
section 38 of the Youth protection act ; [ 9 ] ORDERS that the adolescent be entrusted to the kinship foster family of Ms. C and Mr. D; [ 10 ] ORDERS that the contacts between the adolescent and her father be determined following an agreement between the parties;
[ 11 ] AUTHORIZES the adolescent to integrate an independent living in order to attend school; [ 12 ] ORDERS that the adolescent continue with health care and social services already in place, particularly her psychological and psychiatrist follow-up; [ 13 ] WITHDRAWS from the father the exercise of parental authority regarding medical authorizations, school authorizations, social authorizations, authorizations for a driving license, passport application and AUTHORIZES the DYP to sign in his place; [ 14 ] ORDERS that the adolescent and the father actively participate in the measures ordered; [ 15 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and her family until […], 2022 (date of her majority); [ 16 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux de la Gaspésie for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.
Me Mylène Pelletier-Rivet for the applicant Me Isabelle Gagnon for the adolescent Mr. B the father (absent) Written judgment filed on June 20, 2022.
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