2020 QCCQ 5848, 2020 QCCQ 5848
Opinion
Protection de la jeunesse — 205241 2020 QCCQ 5848 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000500-154 DATE: August 5, 2020 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2003 Adolescent -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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 (DYP) asks the Court to revise and extend the order rendered on August 7, 2019, in respect of the child in order to entrust her to a foster family until majority. At the hearing, the parents and the adolescent are absent, but the latter is duly represented by a lawyer. [ 2 ] Since she was entrusted to her paternal grandmother, the adolescent’s situation has greatly improved.
She is doing well at school and continues her various follow-ups with the professionals involved with her. [ 3 ] There are still some questions concerning her drinking and drug consumption, but the adolescent feels she does not have a problem. However, no concerns were addressed to the DYP. As the youth delegate mention in her psychosocial report, the adolescent demonstrates self-control when out with her friends socializing and contacts her paternal grandmother if deemed necessary. [ 4 ] Some positive changes were observed regarding her personality and struggles with past traumas.
She is now 17 years old and is described as an intelligent, responsible and very respectful young adult. She has a job in a grocery store and intends to continue her studies, which she also prioritizes. She collaborates well with the DYP. [ 5 ] As for the father, his implication with the DYP fluctuated over time, sometimes he collaborated and sometimes not. The father did not always behave adequately with the DYP, which often complicated the situation. He is aware that his attitude over the years has also had an impact on his daughter and also creates dysfunctions within the family.
Currently, he benefits from psychiatric services. [ 6 ] The mother is not involved in her daughter’s life. Nevertheless, she wishes to build a relationship with her. She collaborates with the DYP but she does not follow the recommendations in order to obtain services to help her move forward on a personal level. [ 7 ] Even if the adolescent is doing well she still sometimes has difficulty to manage her emotions and feelings of abandonment, which could increase her acting out behaviours, but she is working on it. She needs to continue her follow-ups with the services already in place.
[ 8 ] The evidence demonstrates that the security and development of the adolescent are still in danger. Considering the admissions of the adolescent as well as her consent with the recommendations of the DYP, the application is well founded. Furthermore, these measures appear to be in the adolescent’s best interest. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 9 ] GRANTS the application for revision and extension of order; [ 10 ] DECLARES that the security and development of X are still considered to be in danger according to
section 38 of the Youth Protection Act; [ 11 ] REVISES AND EXTENDS the court order rendered on August 7, 2019, in the present file; [ 12 ] ENTRUSTS the adolescent to a foster family, namely that of, madam C, until [...], 2021 (age of her majority); [ 13 ] RECOMMENDS that the adolescent receives health care and social services required according to her condition, particularly, addiction and other follow-ups if deemed necessary by the DYP; [ 14 ] RECOMMENDS that the adolescent continues to work on her personal well-being with a A Families Services Worker as long as deemed necessary by the social worker; [ 15 ] RECOMMENDS that the father continues his involvement in a follow-up related to his personal difficulties, particularly a psychiatric follow-up; [ 16 ] RECOMMENDS that the mother seeks counselling for her personal issues; [ 17 ] ORDERS that the adolescent and her parents actively participate in the application of the ordered measures; [ 18 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the adolescent and her family until [...], 2121; [ 19 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the carrying out of the present measure; [ 20 ] ORDERS to individuals covered by this order to comply. __________________________________ CELESTINA ALMEIDA, J.C.Q.
Me Louyse A. Lemieux for the applicant Me Jules Grenier for the adolescent Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on August 6, 2020.
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