2019 QCCQ 15183, 2019 QCCQ 15183

Protection de la jeunesse — 1911717 2019 QCCQ 15183 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-001178-091 DATE : October 10, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2002 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 youth or the youth’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.). Introduction [ 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 October 10, 2019. [ 2 ] The court is seized of an application for revision presented by the Director of youth protection (DYP) of a decision rendered on November 2, 2018, requesting that the security and development of the youth be declared still in danger as expressed in the motion. [ 3 ] Consequently DYP asks the Court to order the placement of the youth in a rehabilitation center, as well as other measures to resolve the situation.

Question in litigation [ 4 ] Are the security and development of the youth still compromised? In the affirmati-ve, do the recommended measures answer her needs and are they in her best interest?

Context and Analysis [ 5 ] The youth agrees to the recommendations, for a certain period of time, but does not want to be there until her majority. [ 6 ] The mother agrees with her daughter’s position. [ 7 ] The proof reveals that the youth displays health issues as well as behavioural problems, Since February she ran away on many occasions. [ 8 ] She will be 18 in […] 2020, and the DYP is involve with the family since 2008.

X was placed in foster family and rehabilitation centers, so it seems that her situation has been unstable. [ 9 ] The DYP mentioned in the report produced under D-9 : “ it is X best interest that she remains in a rehabilitation center, so she

can continue on acquiring the proper coping mechanisms skills not only for her emotions but also for learning to respect the conditions of her specific health needs.” [1] [ 10 ] The goal of the placement is to give her as much services as possible as she is almost 18 and still strugglers with her negative emotions. [ 11 ] DYP is searching a suitable foster home for her in Town A. [ 12 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the youth are still in danger and that the measures suggested meet her needs and deemed to be in her best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application; [ 14 ] EXTENDS the decision rendered on November 2 nd , 2018; [ 15 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation center, chosen by the institution operating a child and youth protection center with possible reintegration in a foster family when and if the situation allows it; [ 16 ] ORDERS that the youth and her parents take an active

part in the application of the measures ordered today; [ 17 ] ORDERS that the parents remain sober in the presence of the child; [ 18 ] ORDERS that an external educator be implicated as deemed necessary by the Director of Youth Protection; [ 19 ] ORDERS that a person working for an institution or a body provides aid, counsel and assistances to the youth and the family and the foster family when identified; [ 20 ] ENTRUSTS the situation of the youth to the DYP who shall then see that the measures are carried out; THE WHOLE until April 21, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Karianne Asselin Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the youth Mtre Angèle Tommasel Counsel for the mother