2019 QCCQ 17096, 2019 QCCQ 17096

Protection de la jeunesse — 193989 2019 QCCQ 17096 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 550-41-002482-170 DATE: May 2, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE VALMONT BEAULIEU, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LES CENTRES JEUNESSE A Petitioner (Plaintiff) and X Adolescent A B In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 95 and 75, Youth Protection Act ) ______________________________________________________________________ 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 ] On December 11, 2018, judge Line Gosselin rendered a decision under

Section 95 of the Youth Protection Act to the effect that X be entrusted in the foster family until March 11, 2019 but a period of return in her maternal environment was fixed from December 11, 2018 to March 11, 2019. [ 2 ] On March 1 st , 2019, the Director of Youth Protection, asked the Court to revise and extend the decision, due to the alleged following reasons: B. It was then ordered that, from that date, the adolescent be fully maintained in her maternal environment; C. However, the return of the adolescent in his maternal environment is actually impossible since: i.

On the weekend of February 22 to 24, 2019, the adolescent was left alone at his mother’s home, while the mother was working in the area A; ii. The mother had mentioned that she would bring the adolescent with her, which she did not do; iii. During this same weekend, the adolescent consumed a lot of drugs, and showed up at school the next Monday still under the influence; iv. The adolescent was then suspended from school due to his arrogance and his refusal to follow the instructions of the school staff; v.

Once questioned, the mother minimized the situation and mentioned that leaving the adolescent alone on the weekend was reasonable since he was with his girlfriend; vi. On February 28, 2019, the Youth Protection Services was made aware that the mother works weekly in the area A, which means that the adolescent has to stay home alone during this period; [ 3 ] These facts are supported by deposit of the Report written by [Social worker 1] (D-6). [ 4 ] The social worker informed the mother that she would petition the Court to have her daughter in a foster home.

[ 5 ] All persons observed an improvement in X’s behaviour since her return to foster home. [ 6 ] About drug use she is prepared to receive external services to help her develop better coping skills. [ 7 ] On April 24, 2019, the social worker met the teenager.

She is completing school work at home but would like to return to school. [ 8 ] X agrees with the Director of Youth Protection’s plan and understands that she cannot return to her mother’s care. [ 9 ] The actual foster home provides the adolescent well-being and loving care. [ 10 ] The mother agrees with the Director’s recommendations. [ 11 ] X has struggled at school this year, but she has shown an openness to bring changes to her situation. [ 12 ] Now she is prepared to receive services for her drug use and she agrees to receive services in mental health.

Also, X is willing to do better in school and focuses on her goals. [ 13 ] At the end of the hearing, the Court told X to be proud of himself and that he has the right to be respected by all people.

The Court wishes him good luck and tells him she is proud of his achievements because he chose to be happy with his life. [ 14 ] FOR THESE REASONS, THE COURT : [ 15 ] GRANTS the Motion; [ 16 ] DECLARES that the security or the development of the adolescent is still compromised; [ 17 ] REVISES AND EXTENDS the decision rendered on December 11, 2018, by judge Line Gosselin; [ 18 ] ORDERS the execution of the following protective measures:

a) That X be entrusted to a foster home for a period of 6 months;

b) That the contacts between X and his mother be according to an agreement between the parents, the adolescent and the social worker;

c) That the mother receive services required by her state (mental health, post-traumatic stress, parental abilities, etc.);

d) That the father receive services required by his state (parental abilities);

e) That X receive services required by his state (addiction, mental health);

f) That the mother receive the care required by her state in regards to domestic violence and parental abilities;

g) That the father receive the care required by his state in regards to domestic violence and substance abuse;

h) That the parents report, when asked by the social worker, on their respective situation; [ 19 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection for the execution of this order; [ 20 ] ORDERS any person concerned by the present order to conduct himself accordingly. __________________________________ VALMONT BEAULIEU, J.Q.C. Mtre. Marie-Christine Fournier Counsel for the Director of Youth Protection Mtre. Laura Normandin Counsel for the adolescent Mrs. A Mother - Representing herself Date of hearing: May 2, 2019