2019 QCCQ 11449, 2019 QCCQ 11449

Protection de la jeunesse — 191852 2019 QCCQ 11449 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-031903-164 DATE : April 3, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2006 child and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on April 3, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered ono June 12, 2018. [ 3 ] On December 11, 2018, the Tribunal ordered the provisional compulsory foster care of the child in a foster family, taking act that the chosen foster family was the one of her maternal grandparents. [ 4 ] Today, the Director recommends that the child remain entrusted to the foster home of her maternal grandparents and that support measures be ordered until her age of majority. [ 5 ] The mother and the child are in agreement with the Director’s plan.

Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The child is thriving in her maternal grandparents’ care. [ 8 ] In September 2018, the child started to attend Secondary 1 at A School. She adjusted well to this new school environment. [ 9 ] The child did not have any contact with her father. She sees her brothers on a fairly consistent basis and has visits with her mother on a bi-weekly basis.

She maintains regular phone contacts with her mother. [ 10 ] In December 2018, the youth protection worker was informed of a situation where the child had engaged in sexualized behavior with a peer. The mother and the grandmother were able to support the child and she was put on a waiting list to receive therapeutic

services from the CLSC. [ 11 ] The child and the mother recognize that it is in the child’s best interest to remain with her grandparents. [ 12 ] It still happens that the mother shares adult information with her daughter. [ 13 ] The mother reports that she continues to receive support from Foster Pavilion. [ 14 ] The mother diagnosed herself as having traits of Borderline Personality Disorder. She has not yet taken steps to medically confirm this diagnosis. [ 15 ] The maternal grandparents remain available to care for the child on a long term basis.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for revision and extension; [ 17 ] DECLARES that the security or the development of the child is still endangered; [ 18 ] REVISES and EXTENDS the order rendered on June 12, 2018; [ 19 ] ORDERS that the child be entrusted to the foster home of her maternal grandparents, Ms. C and Mr.

D; [ 20 ] ORDERS that the frequency and modalities of contacts between the child and her mother be determined upon agreement from the parties; [ 21 ] SUSPENDS the contacts between the child and her father; [ 22 ] ORDERS that therapeutic support services be made available for the child; [ 23 ] RECOMMENDS that the child participate in such services; [ 24 ] ORDERS that the child be enabled to maintain her [...] identity by participating in a culturally appropriate A Camp Program; [ 25 ] ORDERS that the mother not discuss adult issues with her daughter, nor expose her to any verbal or physical violence; [ 26 ] RECOMMENDS that the mother take steps to address her personal issues and report back to the Director of Youth Protection as to her progress; [ 27 ] ORDERS that the mother collaborate with the Director of Youth Protection and meet with the worker when requested; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 29 ] THE WHOLE until the child’s age of majority ([...], 2024); [ 30 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on April 11, 2019 /cd Mtre Edith Zadvodni Counsel for the Director of Youth Protection Mtre Christian Benoît Counsel for the child Mtre Josée Lefebvre Counsel for the mother Date of hearing: April 3, 2019