2016 QCCQ 13013, 2016 QCCQ 13013

Protection de la jeunesse — 165762 2016 QCCQ 13013 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] N° : 750-41-002617-151 DATE : September 16, 2016 ______________________________________________________________________ IN THE PRESENCE OF THE HONORABLE LYNE MORIN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Petitioner -and- X , born on […], 2001 Child-Respondent -and- A Mother-Respondent -and- B Father-Respondent ______________________________________________________________________ JUDGMEN T Article 95(2) of the Youth Protection Act ______________________________________________________________________ JM2505 CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified.

Whosoever contravenes this

article is guilty of an offence and is liable to a fine [ articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection (the Director) presents an Application for Extension of a Court Decision rendered on December 21 st , 2015. [ 2 ] Following said decision, Court ordered that the child be entrusted to an institution operating a rehabilitation center for a period of nine months.

Court also ordered that the child and the family receive aid, counsel and assistance for the same period and that the child receive care and health services, namely a psychological, a psychiatrist and a nutritionist follow-up. [ 3 ] The Director requests to extend the Court order for a period of one year. [ 4 ] The parents and the child agree with the measures sought by the Director. The parents respect X ’s choice to remain in a group home. [ 5 ] In February 2016, the child was transferred from the unit “A” to the group home, “A”.

The objective was to provide her until an environment more suitable for her needs. [ 6 ] The group home put in place the recommendations from the professionals of the Honoré-Mercier hospital, namely in relation to her eating disorder. X is also able to develop ways to manage her anxiety and emotions by herself. [ 7 ] X responds well to the interventions of the educators. She is in secondary 4. [ 8 ] The child appreciates her stay at the group home and doesn’t want to return home for the moment.

The youth states that she realize that her mother will never change and that doesn’t have the capacity to understand her emotional needs, despite all her goodwill. X is worried about hurting her mother by choosing to stay at the group home.

[ 9 ] The proof reveals that despite the fact that the mother can answer her daughter’s needs, she is not capable of answering her emotional needs. The mother is unable to realize that her own issues have a negative impact on her relation with her daughter. [ 10 ] It will be important for the Director to work on the relationship between the mother and the child. [ 11 ] X and her mother have regular phone contacts. Physical contacts vary.

The child accepts to sleep at her mother’s home when her father is present. [ 12 ] The father still travels to the United States for work and comes back home every two weeks. [ 13 ] The child has been placed in rehabilitation center for more than a year now. The objective of the placement is to offer to X a secure and predictable structure where she can attend her medical follow-ups. [ 14 ] The group home also gives the child the opportunity to work on her autonomy. [ 15 ] The contacts between the child and her parents will be following agreement between the parties, taking into account the desire of the child.

The supervision is no longer needed for the contacts between the mother and the child. [ 16 ] Given the admissions and the content of the report, the Court is satisfied with the evidence adduced regarding the allegations. The measures proposed are in the best interests of the child.

FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and the development of the child are still in danger; [ 19 ] EXTENDS and REVISES the Court order rendered on December 21 st , 2015; [ 20 ] ORDERS that the child be entrusted to a an institution operating a rehabilitation centre chosen by Director of Youth Protection A; [ 21 ] TAKES ACTS that the child reside at the group home “A”; [ 22 ] ORDERS that the contacts between the child and her parents be following agreement between the parties, taking into account the desire of the child; [ 23 ] ORDERS that the child and her parents take an active

part in the application of the measures; [ 24 ] ORDERS that a person working for an institution or body provide aid, counsel or assistance to the child and her family; [ 25 ] ORDERS that the child receives certain health care and health services namely: psychological, psychiatrist and nutritionist follow-ups for as long as deemed necessary by the professional; [ 26 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the judgment; [ 27 ] THE WHOLE for a period of one year. __________________________________ Lyne Morin , J.C.Q.

Me Marianne Sallin-Gingras Attorney for the Director Me Marc-André Leblanc Attorney for the child Me Maryse Beauregard Attorney for the mother Date of hearing : September 16, 2016