2019 QCCQ 11244, 2019 QCCQ 11244

Protection de la jeunesse — 192035 2019 QCCQ 11244 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 635-41-000929-197 DATE: February 28, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] AND/OR [SOCIAL WORKER 2] , youth protection workers, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2005 Youth and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR PROTECTION ( Sections 38 and 75 , Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied to the Court to have the security and development of X, born on [...], 2005, declared to be in danger pursuant to s. 38 (( b )(1) iii, ( d )(1), ( e )(1) and (

f) of the Youth Protection Act , [1] and to have the youth entrusted to a rehabilitation centre. [ 2 ] At the hearing, the youth was present and assisted by counsel. Both parents were also present and assisted by the same counsel. Facts: [ 3 ] The youth is in a relationship with a twenty-one- (21) year-old man, Mr. C. On two (2) occasions, the youth was beaten up by her boyfriend, leaving her with bruises and scratches.

The youth ran away for four (4) days at the end of November 2018 and was found by the police at her boyfriend’s house. [ 4 ] The youth has not attended school on a regular basis for the last two (2) years. [ 5 ] The parents are unable to provide the structure and supervision required by the youth.

The youth sleeps at the family’s home only two to three times a week and the parents admitted that they do not know where the youth is most of the time. [ 6 ] The parents acknowledged that the situation was inadequate and were willing to cooperate with Youth Protection and to place the youth in a foster home for a period of thirty (30) days to protect her.

A foster family from Town A living in Town B was ready to receive the youth in order to protect her. [ 7 ] On January 8, 2019, the parents stopped cooperating with Youth Protection and refused to sign a provisional agreement. [ 8 ] At the end of February 2019, the youth was suspended from school in Town B because she got into two altercations with another student. She shows no motivation and has an attendance problem. [ 9 ] The foster family in Town B has reneged. They do not wish to foster X.

They cannot provide all the services that the youth needs. [ 10 ] The parties and the youth admit that the development and security of the youth are in danger, but think that she should stay in a foster family.

Question: [ 11 ] Should the Court send the youth to a rehabilitation centre or a foster home? Analysis: [ 12 ] The evidence shows that everything was fine at school until February 7. [ 13 ] At the end of February, the youth was suspended from school. The Court does not believe thatthe child’s behaviour is repetitive. There was a problem at school and she was suspended. It is not a ground under s. 38 ( f ).

FOR THESE REASONS, THE COURT: [ 14 ] GRANTS this application; [ 15 ] DECLARES that the security and development of X, born on February 8, 2005, are in danger under s. 38 ( b ) (1) iii, ( d )(1) and ( e ) (1) of the Youth Protection Act . [2] [ 16 ] ORDERS that the youth be entrusted to a foster family, chosen by the institution operating a child and youth protection centre, with a possible reintegration with the parents as soon as the situation allows; [ 17 ] ORDERS the youth and the youth’s parents to take an active

part in the application of the measures ordered by the Court; [ 18 ] ORDERS the youth and the youth’s parents to report in person, at regular intervals, to the Director to inform him of the current situation; [ 19 ] ORDERS the youth not to have any contact with Mr. C; [ 20 ] ORDERS Mr.

C not to have any contact with the youth; [ 21 ] ORDERS that the youth attend school on a regular basis; [ 22 ] ORDERS the parents to remain sober in the presence of the youth; [ 23 ] ORDERS the parents to refrain from violent behaviour in the presence of the youth; [ 24 ] ORDERS that contact between the youth and the parents be supervised by the Director of Youth Protection with respect to the terms, frequency and degree of supervision; [ 25 ] ORDERS that a person working for an institution of a body provide aid, counselling and assistance to the youth and the youth’s family; [ 26 ] ORDERS that the youth and the youth’s family receive the services of an external educator for the period deemed necessary by the professionals; [ 27 ] RECOMMENDS that the external educator be a female educator; [ 28 ] ORDERS an assessment of the youth’s hearing difficulties; [ 29 ] ORDERS that the youth be assessed by a psychologist for sexual and physical abuse; [ 30 ] RECOMMENDS that D and E be evaluated as a foster family; [ 31 ] ORDERS the police to cooperate in the execution of this judgment; [ 32 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out.

THE WHOLE UNTIL FEBRUARY 28, 2020. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Geneviève Apollon Cain Lamarre, s.e.n.c.r.l. Counsel for the applicants Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the youth

Mtre Ivan Lazarov Poupart & Poupart avocats inc. Counsel for the parents Date of hearing: February 28, 2019