2019 QCCQ 15384, 2019 QCCQ 15384

Protection de la jeunesse — 1911478 2019 QCCQ 15384 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005545-176 DATE: September 18, 2019 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2002 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection applies for the extension and revision of a Court decision rendered on March 14, 2019, in regards to the adolescent X, in view of progressing her passage to her autonomy. [ 2 ] The adolescent and her parents subscribe to the orientation, signing an agreement of non-attendance to an uncontested Court hearing. [ 3 ] Analysis and decision [ 4 ] In virtue of the last judgment, the Court extends various protective measures applied in regards to the adolescent in relation to educational neglect and a serious risk of sexual abuse (father’s inappropriate sexual comments and jokes).

Within a six-month order, the Court notably entrusts the adolescent to foster care while providing for contacts with her parents (with supervision as concerns her father). [ 5 ] The judgment also notes that the primary objective of the follow-up is establishing an alternative life plan for the adolescent and working towards her autonomy. [ 6 ] Since that time, X continues to evolve positively in her alternate environment. Focused on her plan for autonomy, she decides to transition towards living on her own.

Her parents support this project. [ 7 ] As of September 2019, she rents a room and is able to see as to her various needs. She integrates the work force in view of ensuring her financial independence, but expects to eventually return to school. [ 8 ] She continues to see her parents regularly. The supervision of the contacts with her father has been lifted.

X is now better able to manage the relationships with her parents and better express herself in situations which render her uncomfortable. [ 9 ] Overall, the adolescent demonstrates an ability to make mature and healthy choices. [ 10 ] The Court endorses the conclusions sought as being respectful not only of the joint vision of the adolescent’s best interests but also of the objectives of the law. FOR ALL THESE REASONS, THE COURT: [ 11 ] GRANTS the application;

[ 12 ] DECLARES the security and the development of the adolescent still in danger; [ 13 ] REVISES and EXTENDS the Court order rendered on March 14, 2019; [ 14 ] ENTRUSTS the adolescent to her mother and takes act that she will be living in an apartment; [ 15 ] ORDERS that the contacts between the adolescent and her father be following agreement between the parties; [ 16 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which the security or development is in danger; [ 17 ] ORDERS that the adolescent and her parents take an active

part in the application of the measures ordered; [ 18 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 19 ] FORBIDS the parents to discuss the reasons of the intervention with their child except if it is at her request; [ 20 ] ALL THESE MEASURES until the adolescent’s majority, [...], 2020; [ 21 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Angela Nevard Attorney for the Applicant Me Maryse Fournier Attorney for the mother Me Karine P. Poissant Attorney for the adolescent Date of hearing: September 18, 2019 Date of signature: November 5, 2019