2021 QCCQ 15716, 2021 QCCQ 15716

Protection de la jeunesse — 219264 2021 QCCQ 15716 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 760-41-006331-204 DATE: August 30, 2021 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on […], 2006 Youth ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B 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 ] On November 30, 2020, the Court renders a protection order in regards to the youth being sexually abused by her father.

Amid various measures for nine months, the Court entrusts the youth to her sister, Ms. C, while providing for supervised contacts with her father. [ 2 ] Alleging that the situation of endangerment remains unchanged, the Director seeks a nine month extension of the order. The parties choose to proceed by fast track as this orientation is uncontested. [ 3 ] The Court endorses the application, retaining the following facts. Analysis and decision [ 4 ] Since the last order, the youth is flourishing in her sister’s environment.

She names wanting to remain with her until her majority. [ 5 ] No contacts occur between the youth and her father as she doesn’t wish to resume their relationship and furthermore, he remains bound by criminal conditions of release prohibiting their contacts. [ 6 ] Although the father makes himself available for the Director, he continues to deny the foundation of the intervention. He doesn’t ask for any news from his daughter. [ 7 ] In the circumstances, the parties agree that the next months will serve to prepare and establish an alternative life plan for the youth, namely a tutorship in favour of her sister.

FOR ALL THESE REASONS, THE COURT: [ 8 ] GRANTS the application for extension of a Court order; [ 9 ] DECLARES the security and the development of the youth still in danger; [ 10 ] EXTENDS the Court order rendered on November 30, 2020; [ 11 ] ENTRUSTS the youth to the kinship foster family chosen by the Director of Youth Protection A, namely that of Ms. C ; [ 12 ] ORDERS that the contacts between the youth and her father be following agreement between the parties in the presence of a third party chosen by the Director and in respect of the youth’s express wishes;

[ 13 ] TAKES ACTS that the father’s criminal conditions of release actually prohibit contacts with his daughter; [ 14 ] ORDERS that the father report periodically to the Director of Youth Protection on the measures apply in his own regard or his child’s regard to put an end at the situation which her security and development are in danger; [ 15 ] ORDERS that the youth and her father take an active

part in the application of the measures ordered; [ 16 ] ORDERS that a person working for an institution of body provide aid, counselling or assistance to the youth and her family; [ 17 ] THE WHOLE for nine months; [ 18 ] ENTRUSTS the situation of the youth to the Director of Youth Protection A for the execution of the present order. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Alexandre Germain Attorney for the Applicant Me Annie Girard Attorney for the father Me Karine P. Poissant Attorney for the youth Date of hearing: August 30, 2021 Date of signature: October 19, 2021