2020 QCCQ 9564, 2020 QCCQ 9564

Protection de la jeunesse — 202279 2020 QCCQ 9564 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000518-200 DATE: April 27, 2020 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2003 Adolescent and A Mother/Defendant ______________________________________________________________________ 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 ] The youth has to cope with serious challenges in regard to her mother’s long-lasting personal issues. [ 2 ] Alleging that the youth’s security or development is in danger, the director of youth protection (DYP) asks the Court to order the application of protective measures. [ 3 ] The youth, through her lawyer’s voice, states that she shares the DYP’s position.

Her mother is neither present nor represented, therefore the Court ignores her opinion. [ 4 ] Following the hearing, the Court renders an oral judgment, granting the application. Here are the reasons supporting that decision. [ 5 ] The mother has mental health and substance abuse problems. She deals with several diagnoses, notably bipolarity, personality disorder and multiple personalities. Moreover, she is involved in an unhealthy relationship, tainted with domestic violence. She is not able to take proper care of her daughter. [ 6 ] In fact, the youth appears to be the one taking care of her mother.

She states that she feels trapped with her mother, that she is not able to live on her own. [ 7 ] In January of 2020, the mother, obviously in bad shape, asks the youth to pack her things and leave. The mother is then hospitalized, for the second time in a couple of months. [ 8 ] Since January 24, the youth lives with a third party, Ms. B. The latter is a teacher at the youth’s school, and they have a significant relationship. The youth feels secure and happy there. Ms.

B and her family are dedicated to the youth and foresee remaining involved in her life. [ 9 ] Despite her harsh living conditions, the youth is doing very well in school. She has impressive marks and shows no behavioural disturbances. She is a resilient young woman. She is resourceful and has plans for the future. [ 10 ] The youth plans to attend A College from the next school year.

[ 11 ] At the light of the evidence, the Court concludes that the youth suffers from psychological ill-treatment and that she is submitted to educational neglect, which puts her in need of protection. [ 12 ] She wishes to remain with Ms. B and her family, who are willing to foster her until she comes of age. It meets her needs and interest. It also is in her best interest to be able to leave the area in order to attend college. [ 13 ] The application is therefore well-founded.

WHEREFORE, THE COURT: [ 14 ] GRANTS the application for protection; [ 15 ] DECLARES that the security and development of X are considered to be in danger according to sections 38c) and 38b)1 o iii of the youth protection act ; [ 16 ] ORDERS that the adolescent be entrusted to Ms.

B; [ 17 ] ORDERS that the contacts between the adolescent and her mother be determined according to agreement between the parties and AUTHORIZES the DYP to supervise them; [ 18 ] AUTHORIZES the adolescent to reside outside of her foster care environment for study purposes; [ 19 ] RECOMMENDS that the mother get involved in a follow-up related to her personal difficulties; [ 20 ] ORDERS that the child's mother report periodically to the DYP on the measures she applies in her own regard or in her adolescent's regard to put an end to the situation in which the security or development of the adolescent is in danger; [ 21 ] ORDERS that the mother and the adolescent actively participate in the application of the measures ordered; [ 22 ] ORDERS that a person working for an establishment provide aid, counselling and assistance to the adolescent and her family until [...], 2021; [ 23 ] 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 judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother (absent) Written judgment filed on May 11, 2020