2017 QCCQ 18879, 2017 QCCQ 18879

Protection de la jeunesse — 178928 2017 QCCQ 18879 JB5047 QUÉBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT DE [...] TOWN OF [...] « Youth division »

N° : 455-41-000937-151 DATE : September 20, 2017 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2000 [SOCIAL WORKER] , person duly authorized by the Director of Youth Protection A, working at [...] ; Applicant and A , residing and domiciled at [...]; and B, residing and domiciled at [...]; Child’s 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.). Introduction [ 1 ] After the last Court order, X integrated a group home where she evolved positively. She would now be ready to be entrusted to her father but the Director of Youth Protection (the Director) claims that services are still needed to ensure a successful integration home. [ 2 ] The parents and X are in agreement with the recommendations of the Director. Question in litigation [ 3 ] Should X return home to her father with social follow-up until her age of majority?

Context and Analysis [ 4 ] When the last Court order was rendered, X’s security and development were declared in danger for educational neglect by both parents. X was then entrusted to readaptation center where she benefitted from services of an educator who helped work around some issues: anger management and improving communication skills.

[ 5 ] She did very well in school, making academic gains and ending the last school year with an award. She is also very involved in sport activities: soccer, basketball and rugby. [ 6 ] The mother is involved in a volatile relationship which affects X. Nonetheless, X says her relationship with her mother has improved and she continues to see her twice monthly. [ 7 ] Last week the Director was involved with the family pertaining to the situation of X’s sister Y who is currently living with the mother.

Their relationship is difficult and an altercation erupted between them. [ 8 ] After discussing with the reviewer and the manager, the Director decided to place Y temporarily with the father for 30 days while the situation of Y is being evaluated.

Y has a very volatile temperament and, to quote her mother, you never know when she’s gonna pop… [ 9 ] Of course the father did not refuse to receive her daughter but this situation could compromise X’s reintegration home. [ 10 ] The Director will have to find another temporary solution for Y and the Court urges the Director to do so by the end of the week. [ 11 ] X wishes to go live with her father. Although a bit apprehensive about her father’s new girlfriend, she wishes to have a lot of one on one time with him.

This will give her a new beginning in her life at the edge of her adulthood. [ 12 ] She will need that her father gives her stability throughout her routine and he will need to adapt to her specific needs in conjunction with her ADD and self-control issues. She has developed strategies and is generally able to apply them to help her deal with disagreements, especially with her parents. [ 13 ] X’s paternal grandmother remains involved with the family on a regular basis. She provides with transportation for X and takes her in when X needs a break.

She is an important part of X’s life. [ 14 ] X has also been developing skills towards autonomy and is working in landscaping. [ 15 ] X is no longer in need of rehabilitation services, as her behaviours are no longer an issue and she has stabilized. [ 16 ] It is important that X and her parents receive support until her age of majority to ensure the success of her return home and to ensure that she continues to develop well.

FOR THESE REASONS, THE COURT: GRANTS partially the present application; DECLARES that the security and the development of X are in danger; EXTENDS the Court order rendered on October 19, 2016; ORDERS that X be entrusted to her father, at the exclusion of her sister Y for the next ten days; ORDERS that the contacts between X and her mother be following agreement between the parties; ORDERS that X and her parents take an active

part in the application of the measures ordered; ORDERS that a person, working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to X and her family, until her majority, on [...], 2018; ENTRUSTS X to the Director of Youth Protection to see that the measures are carried out. ___________________________________ Pascale Berardino, J.C.Q. M e Christine Loubier Counsel for the DYP M e Ysabelle Proulx Counsel for the child

M e René Sévigny Counsel for the mother M e Érica Gosselin Counsel for the father Date of hearing : September 20, 2017 Exhibits deposited : D-4 and D-5