2020 QCCQ 4138, 2020 QCCQ 4138

Protection de la jeunesse — 204182 2020 QCCQ 4138 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005850-188 DATE: February 19, 2020 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...] 2003 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B (deceased) 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 seeks the revision and extension of a court decision of February 12, 2019, in regards to the adolescent X.

While determining a situation of endangerment stemming from educational neglect and exposure to family violence, the Court applies various protective measures for year, including her placement in foster care until December 20, 2019. [ 2 ] While alleging an overall improvement of the situation permitting the adolescent’s reintegration home, the Director alleges that their implication for another 6 months is necessary in reason of the risk of instability still present.

Both the adolescent and her mother subscribe to this evaluation. [ 3 ] Analysis and decision [ 4 ] The adolescent remains in foster care until early December 2019. In this environment, she does generally well. She decides to work on a part-time basis, foregoing school. Although she benefits from the services of homebound educator, her collaboration is minimal. [ 5 ] She sees her mother on the weekends. At home, there remains a lack of supervision in reason of the mother’s work schedule. Tensions remains ongoing between X and her mother, regularly giving way to conflicts.

Although such is the case, they both names wanting a healthier relationship and better communication. [ 6 ] As of November, within the process of progressive reintegration, X decides to not return to her foster home, wanting to stay with her mother.

Concerns are raised when it is revealed that the adolescent is increasingly adopting risky behaviours (cannabis consumption, delinquency, defiance of rules). [ 7 ] On December 5, 2019, the Court permits the adolescent’s return home on a provisional basis, taking act of a contract of rules agreed upon by the adolescent, her mother and the caseworker. [ 8 ] X’s functioning remains fragile. The contract is generally respected. As X resists the services of an educator, it is the caseworker who supports the family.

The mother is better able to apply consequences, but recognizes needing continued support as she can become overwhelmed. X states having reduced her drug consumption. [ 9 ] X continues to work on her eventual autonomy and her mother supports her in this project. She verbalizes having a lot of anxiety which impacts her daily life and her choices. In this vein, it cannot be discounted that X’s problematic behaviours stem from this as well as the unresolved and ongoing issues with her mother.

[ 10 ] The fragility of X’s situation justify the pursuit of protective measures. The next months will serve to demonstrate the willingness and ability to maintain a healthy balance, which would go a long way to rehabilitate the situation of endangerment. Should such not be the case, the Director aptly submits that placement will have to be revisited.

FOR ALL THESE REASONS, THE COURT: [ 11 ] GRANTS the application for revision and extension of a Court decision; [ 12 ] DECLARES the security and the development of the adolescent still in danger; [ 13 ] REVISES and EXTENDS the Court order rendered on February 12, 2019, in the present file; [ 14 ] ENTRUSTS the adolescent to her mother; [ 15 ] ORDERS that the adolescent and her mother report periodically to the Director of Youth Protection on the measures they apply in their own regard to put an end at the situation in which the security or development of the adolescent is in danger; [ 16 ] ORDERS that the adolescent and her mother take an active

part in application of the measures ordered; [ 17 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 18 ] ALL THESE MEASURES for 6 months; [ 19 ] 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 Anne-Catherine Bujold Attorney for the applicant Me Karine P. Poissant Attorney for the adolescent Date of hearing: February 19, 2020 Date of signature: March 28, 2020