2017 QCCQ 16013, 2017 QCCQ 16013

Protection de la jeunesse — 176668 2017 QCCQ 16013 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] “Youth Division” N° : 525-41-032408-171 DATE : September 18, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2003 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 91 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 child or the child’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.). [ 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 September 18, 2017. [ 2 ] On May 26, 2017, the Tribunal declared that the security or development of the adolescent was endangered. [ 3 ] Today, the Director recommends that the child remain entrusted to her mother’s care and that support measures be ordered for a period of nine months. [ 4 ] The parents and the adolescent are in agreement with the recommended measures.

Question in litigation [ 5 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 6 ] The family has continued to work in collaboration with the educator and the youth protection worker. Communication between members of the family and respect of the rules remain the main focus of the intervention. On June 15, 2017 a contract regarding house rules was drafted. [ 7 ] In mid-June, the youth protection worker noticed some improvements within the family.

The mother reports that the adolescent is more consistent in respecting her rules, curfew and doing her chores. [ 8 ] The adolescent has continued to visit with her father. Those contacts were reported as positive. At some point during a visit in mid-June, the adolescent left the residence without informing the father of her whereabouts. [ 9 ] The adolescent undertakes to behave and to get good marks in school. [ 10 ] On June 28, 2017, the father had a heart attack and was operated.

[ 11 ] The scheduled neuropsychological assessments for both adolescent had to be postponed on two occasions. The assessment finally started on August 18 and was completed on September 6, 2017. The assessment’s results are not yet available. They will eventually be communicated to the parties. [ 12 ] The family’s situation has improved but remain fragile. The educative and psychosocial support remains necessary in order to stabilize the situation. [ 13 ] The father is asking the Tribunal to order a measure that would provide academic support for the adolescent (like the support that could be provided by a tutor).

However, this is outside of the Court’s jurisdiction. Finally, the father mentioned that the youth protection worker is very good.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] ORDERS that the adolescent remain entrusted to her mother’s care; [ 15 ] ORDERS that the frequency and modality of contacts between the adolescent and her father be determined by the Director of Youth Protection; [ 16 ] TAKES NOTE that the contacts between the adolescent and her father will be encouraged; [ 17 ] ORDERS that the mother continue to refrain from inappropriate use of physical discipline or verbal intimidation with the adolescent; [ 18 ] ORDERS that the mother follow the recommendations of the psychological report dated January 31, 2017; [ 19 ] RECOMMENDS that the parents and the adolescent follow the recommendations of the neuropsychological assessment; [ 20 ] ORDERS that the adolescent respect her parents’ authority and follow the house rules; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family, including the services of an educator as long as deemed necessary; [ 22 ] THE WHOLE for a period of nine months; [ 23 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Signed on October 3, 2017 /cd Mtre Marie-Josée Paiement Counsel for the Director of Youth Protection Mtre Michel F. Perreault Counsel for the adolescent Mtre Précilia Hijazi Counsel for the mother Date of hearing: September 18, 2017