2022 QCCQ 12089, 2022 QCCQ 12089

Protection de la jeunesse — 227177 2022 QCCQ 12089 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] « Youth Division »

N° : 505-41-009855-208 DATE: November 4, 2022 ______________________________________________________________________ PRESIDED BY: THE HONOURABLE MÉLANIE ROY ______________________________________________________________________ [SOCIAL WORKER 1] youth protection worker duly authorized by the Director of youth protection of the Centre intégré de santé et de services sociaux A Applicant -and- X , born on [...], 2007 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMENT (section 95 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 9.2 and 9.3 and 135 Y.P.A.). [ 1 ] The child is 15 years old. She is currently entrusted to her older sister Ms. C and her partner Mr. D according to the last Court order rendered on July 28, 2021. [ 2 ] The Director of Youth Protection (the Director) petitions the Court with an application for revision and extension of its last decision. [ 3 ] In

summary, she alleges the child still struggles because of her different traumas but feels safe in the structured environment offered by the foster-care family. [ 4 ] She recommends she be entrusted to her older sister C and her partner Mr. D with a social follow-up until her majority. [ 5 ] The parents are not present at the hearing. They are represented by their lawyer and agree with the petition.

They wish to respect their daughter’s wishes. [ 6 ] The child agrees with the recommendations. [ 7 ] The evidence reveals that following the last court order, the child continued to live with her sister and her partner. [ 8 ] Ms. C gives her a structure, a routine and rules adapted to her needs and personal situation. The couple offers a safe and secure environment for the child.

[ 9 ] The child feels safe in her foster home, however, her past and present traumas have an impact on her behaviours and she has an extremely difficult time in regulating her emotions. She has made several suicidal threats, she has outbursts of violence in school and she still uses drugs. [ 10 ] However, she accepts all the help she needs and has future aspirations to be successful and create a life for herself. A lot of services are in place to help them deal with her traumas and substance abuse. [ 11 ] In November 2021, the child received threats from E.

He pressured her not to press charges against him for sexual abuse. She first refused to press charges but since Mr. E continued to make violent threats she changed her mind and the case should be heard shortly. [ 12 ] On February 2022, the child disclosed that she was abused by her brother F. However, she now denies it and does not want to talk about it. [ 13 ] The child has a difficult relationship with her sister G.

G continues to speak to her rudely and tries to convince her to come back to the parent’s home. [ 14 ] As for the parents, their situation remains the same as they continue to abuse alcohol and refuse to get help. They are not collaborative and will not meet with the Director. They also have minimal contacts with the child. [ 15 ] The child acknowledges her parents have a drinking problem and that it impacts their ability to care for her. [ 16 ] The child is still in need of structure, safety and stability.

She must remain in the care of her older sister until her majority and will receive services to help her deal with her traumas. [ 17 ] The parents choose to refuse services and offer collaboration.

The contacts with the child and her family must always remain in her best interest. [ 18 ] The circumstances support the suggestion that the Director regularly interact with and support the parties. [ 19 ] After having received the admissions, taken into consideration the reports produced and the testimonies heard, the Court concludes that the security and development of the child are still in danger and the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and the development of the child X are still in danger; [ 22 ] REVISES AND EXTENDS the Court order rendered on July 28, 2021; [ 23 ] ORDERS that the child be entrusted to her sister and brother-in-law, Ms. C and Mr.

D; [ 24 ] ORDERS that the child continue to attend school on a full-time basis; [ 25 ] FORBIDS all contacts between the child and E; [ 26 ] ORDERS that the contacts between the child and the rest of her family be following agreement between the parties, and in the absence of agreement, they will be supervised by C, or a third party chosen by the Director, she will have to ensure the sobriety of the parents before the contact; [ 27 ] STRONGLY RECOMMENDS that the child continue to meet her Addictions response worker, Youth protection worker or any other treating profession and follow recommendations; [ 28 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and AUTHORIZES Ms.

C and Mr.

D to sign the authorizations required for educational, medical, dental, renewal of Indian Status card, recreational or travel purposes, including the application for a passport; [ 29 ] ORDERS that the parents report periodically to the Director of youth protection on the measures they apply in their own regard and in their child’s regard to put an end at the situation in which the security and the development of the child are in danger; [ 30 ] RECOMMENDS that both parents undergo a full addictions assessment and that they follow the recommendations; [ 31 ] ORDERS that the parents, the foster parents and the child take an active

part in the application of the measures ordered; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 33 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the measures ordered; [ 34 ] THE WHOLE until the majority of the child, on [...], 2025;

__________________________________ Mélanie Roy, J.C.Q. Me Caterine Caron Attorney the applicant Me Annie Giguère Deraps Attorney for the child Me Kathleen O’Meara Attorney for the mother Me Patrick Cormier Attorney for the father Hearing date: November 4, 2022 Date of signature: January 4, 2023