2022 QCCQ 11304, 2022 QCCQ 11304

Protection de la jeunesse — 223221 2022 QCCQ 11304 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 614-41-000769-218 DATE: June 16, 2022 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in […]; Applicant and X, born on […], 2009; Youth and A Mother and B Father ______________________________________________________________________ JUDGMENT (sections 95 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A (the Director) asks the Court to review the decision rendered on November 2, 2021, in the situation of X, 12 ½ years old. [ 2 ] He asks the youth’s placement in the foster home of her paternal aunt for a period of six months and other services. [ 3 ] At the hearing, the parents are present and assisted by Me Marie-Josée Ayoub.

Me Yan Massé represents the youth, also present, and Me Adelia Ferreira, the delegate of the Director. [ 4 ] A revision report is filed. The youth admits all the allegations and agrees with the measures.

The parents admit same allegations and agree with all the recommendations. [ 5 ] Last November 2, 2021, the Court ordered the youth’s placement in a foster home for a period of six months with reintegration to the mother. [ 6 ] During the placement, the foster parents asked the Director to find another foster home for the youth. [ 7 ] On March 21, the youth’s situation was reported to the Director with regards that she was not feeling well.

The community worker accompanied X to the clinic and the professionals refer her to Town A for further examination and evaluation of her mental health. [ 8 ] At the time the mother was overwhelmed and she did not accompanied the youth. She is expecting another child. [ 9 ] The youth asked for the father not to accompany her to Town A. [ 10 ] The parents still have personal and marital issues. [ 11 ] The youth is not ready to be reintegrated to the mother’s care.

The youth is very demanding and the mother does not succeed to satisfy her needs. [ 12 ] The mother now lives separate and receives services from [organism A] and has therapy sessions with a psychotherapist. [ 13 ] The youth lives in the foster home of her paternal aunt where her father also resides. Even though they do not have close relationship. The youth reported his drinking abuses and the father became very defensive. [ 14 ] The father believes he will manage his personal issues on his own and does not want to seek for any services.

[ 15 ] The Director recommends the placement of X and during that period they will work on their relationship. The youth needs to regain trust in her mother. She does not want to feel responsible for her siblings as it happened in the past. [ 16 ] Considering the evidence and the parties agreement on the measures, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and development of X are still in danger; [ 19 ] ORDERS the placement of X in the foster family of her aunt Ms.

C for a period of six months with reintegration with the mother after three months if the situation allows; [ 20 ] ORDERS X to continue her therapy sessions with professionals; [ 21 ] ORDERS X to attend school on a regular basis; [ 22 ] ORDERS the mother to seek services for her personal issues; [ 23 ] ORDERS the Director to supervise the contacts between the youth and her parents on the frequency and modalities; [ 24 ] ORDERS the parents to be sober in presence of the youth; [ 25 ] ORDERS the father to seek services for his personal and substance issues; [ 26 ] ORDERS the Director to provide aid, counsel and assistance to the parents and the children for a period of nine months; [ 27 ] ENTRUSTS the situation of the youth to the Director who shall then see that the measures are carried out.

Signed on July 11, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Adelia Ferreira Adelia Ferreira Avocate Counsel for the applicant Yan Massé Centre communautaire juridique A Counsel for the youth Marie-Josée Ayoub Ayoub Avocats inc Counsel for the parents Date of hearing: June 16, 2022