2018 QCCQ 18982, 2018 QCCQ 18982

Protection de la jeunesse — 1810203 2018 QCCQ 18982 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002128-178 DATE: August 31, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2001 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother ______________________________________________________________________ JUDGMENT (sections 95 (2) of the 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 ] The Director of Youth Protection A submits to the Court an application in revision of the judgment rendered on November 21, 2017, by judge Guy Lecompte, J.C.Q., concerning the situation of X, 16 years old. [ 2 ] At the hearing, the youth and the mother are present, assisted by Me Cassandra Neptune and Me Angele Tommasel.

Me Sarah Bourgeois Lessard represents the applicant. [ 3 ] The parties submitted to this Court a draft agreement on measures to put an end to the situation that compromises the security and development of the youth. The validity of the consent was confirmed at the hearing.

They acknowledge the facts that endanger the security and development of the youth and the draft detailed these facts: 2.1 The mother still displays mental health issues; 2.2 The mother did not seek help with the Social Services regarding her personal issues; 2.3 The mother is unable to meet the needs of the youth; 2.4 On March 25, 2018, Youth Protection was informed that the youth would have been sexually abused by her boyfriend; 2.5 The mother is unable to meet the needs of the youth; 2.6 On March 25, 2018, Youth Protection was informed that the youth would have been sexually abused by her boyfriend; 2.7 The youth disclosed to Youth Protection that she was sequestrated by her boyfriend from March 23 until March 24, 2018; 2.8 Following that event, the youth was brought in a woman shelter and the situation was addressed with her by Youth Protection; 2.9 In May 2018, the youth wanted to drop the charges against her boyfriend; 2.10 On May 9, 2018, Mr.

B, the previous foster father, gave up on the youth after the latter took his skidoo without his permission; 2.11 The youth was then places with Mrs. C;

2.12 The youth asked to go back under the care of Mr. B but, as the latter is often out of the village for his work, he took an arrangement with Mrs. C that the youth refers to her when he is not there; 2.13 Currently, the youth is working at the daycare and started summer school; 2.14 The contacts between the mother and the youth are regular; (Exact reproduction) [ 4 ] In order to put an end to the situation of danger for the youth’s security or development, the parties agree on the following measures: 3.1 That the youth be entrusted to a foster family, chosen by the institution operating a child and youth protection; 3.2 That the youth and the youth’s mother take an active

part in the application of any of the measures ordered by the tribunal; 3.3 That the youth attend a school or another place of learning of participates in a program geared to developing skills and autonomy; 3.4 That the youth and the youth’s family receive the services of an external educator for the period deemed necessary by the professionals; 3.5 That the mother seek help through the Social Services concerning personal issues, namely her mental health issue; 3.6 That a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family until [...], 2019; 3.7 That the situation of the youth, X, be intrusted to the Director of Youth Protection A, who shall then see that the measures are carried out. (Exact reproduction) [ 5 ] The Court is of the opinion that the measures respect the rights and interest of the youth.

FOR THOSE REASONS, THE COURT: [ 6 ] GRANTS the application; [ 7 ] DECLARES that the security and development of X, born on [...], 2001, are still compromised; [ 8 ] ENDORSES the draft agreement and ORDERS to the parties to conform to it; [ 9 ] ORDERS that the youth be entrusted to a foster family, chosen by the institution operating a child and youth protection center; [ 10 ] ORDERS that the youth and the youth’s mother take an active

part in the application of any of the measures ordered by the tribunal; [ 11 ] ORDERS that the youth attend a school or another place of learning or participates in a program geared to developing skills and autonomy; [ 12 ] ORDERS that the youth and the youth’s family receive the services of an external educator for the period deemed necessary by the professionals; [ 13 ] ORDERS that the mother seek help through the Social Services concerning her personal issues, namely her mental health issue; [ 14 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the youth and the youth’s family until [...], 2019; [ 15 ] ORDERS any police officer to collaborate in the execution of the judgment; [ 16 ] ENTRUSTS the situation of the youth to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Cassandra Neptune Attorney for the youth Me Sarah Bourgeois Lessard Attorney for the applicant Me Angele Tommasel

Attorney for the mother Date of hearing: July 25, 2018