2023 QCCQ 10899, 2023 QCCQ 10899

Protection de la jeunesse — 235662 2023 QCCQ 10899 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No.: 614-41-000503-195 DATE: November 8, 2023 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ X , born on […], 2006 Adolescent and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A of Health and Social Services A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (sections 95, para. 1, and 75, Youth Protection Act , CQLR, c.

P-34.1 ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection (Director) has applied under s. 95 of the Youth Protection Act [1] for the review of a decision rendered on November 23, 2022 by the Honourable François Ste-Marie, J.C.Q., who entrusted the adolescent to a rehabilitation centre for a period of nine months and ordered that the child and her family receive aid, counselling and assistance for a period of one year. [ 2 ] The Director asks the Court to declare that the security and development of the child are still in danger under

section 38 (b) (1) (

i) and 38 (

c) of the Youth Protection Act . [2] The Director suggested that the child be placed for a period of six months, until April 3, 2024. [ 3 ] At the hearing, the child was assisted by her lawyer. The mother was represented by a lawyer. The father was absent, but duly notified. For that reason, the Court authorized the Director to proceed in the absence of the father. [ 4 ] The child admits that she is in a situation of endangerment and proposes that she be entrusted to the foster family until she reaches the age of majority, considering that she will be 18 years old on […], 2024.

The Director and the mother agree to that proposition. The child made a general admission of the alleged facts set out in the application, but added that, from her perspective, her parents are still in a relationship or in an on-and-off relationship. [ 5 ] The mother made a general admission of the alleged facts set out in the application, which are the following : [ 6 ] The child has remained in the rehabilitation centre, at the group home, and she is doing well; [ 7 ] The parents were evicted from their home in July 2023 for partying and drinking; [ 8 ] The mother lives in Town A and the father in Town B.

The parents say they are no longer together. [ 9 ] The mother had contact with the child recently in her home in Town A; [ 10 ] The father has not contacted Youth Protection since June 2023 and has not requested visits with the child; [ 11 ] The situation of the parents remains basically the same, and they have not taken the necessary steps to solve the issues that led to the involvement of Youth Protection. [ 12 ] After taking into consideration the documentary evidence, the admissions of the parties and their positions, the Court finds that the evidence is sufficient and declares that the security and development of the child are still in danger.

The measures suggested meet the child’s needs and are deemed to be in her best interest.

FOR THESE REASONS, THE COURT: [ 13 ] GRANTS this application for review; [ 14 ] REVIEWS the decision or order rendered on November 23, 2022; [ 15 ] DECLARES that the security and the development of X are still in danger under sections 38 (b) (1) and 38 (

c) of the Youth Protection Act . [ 16 ] ORDERS that the child be entrusted to a foster family until the age of majority, on […], 2024; [ 17 ] RECOMMENDS that the parents take active steps to engage in and complete a drug and alcohol treatment program; [ 18 ] RECOMMENDS that the parents seek psychological support for their personal issues; [ 19 ] ORDERS that the parents remain sober from alcohol and drugs in the presence of the child at all times. [ 20 ] RECOMMENDS that the parents undergo random drug testing; [ 21 ] ORDERS that the parents inform the Director of Youth Protection of their contact information as soon as possible; [ 22 ] ORDERS that the parents ensure that the child is not exposed to any form of violence and/or persons under the influence of alcohol during visits; [ 23 ] ORDERS that the parents cooperate with the Youth Protection worker and meet upon request; [ 24 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the child and the family; [ 25 ] ORDERS the police to cooperate in the execution of this judgment; [ 26 ] ORDERS that aid, counselling and assistance be provided to the child and her parents until the age of majority on […], 2024; [ 27 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out; [ 28 ] THE WHOLE until the age of majority, on […], 2024. __________________________________ NATHALIE SAMSON, J.C.Q.

Mtre Magdelane Lempicka Attorney for the applicant Mtre Yan Massé Attorney for the child Mtre Marie-Josée Ayoub Attorney for the mother Date of hearing: October 3, 2023