2020 QCCQ 14323, 2020 QCCQ 14323

Protection de la jeunesse — 20559 2020 QCCQ 14323 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000447-141 DATE: January 28, 2020 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2006 Child -and- A (DECEASED) -and- B 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.). [ 1 ] In 2014, the Court entrusts the child to her foster family until she reaches her majority. [ 2 ] Last December, the child runs away from her foster home, following a conflict with the foster parents.

After two days, the child calls her intervener to tell her where she is and asks her to pick her up. [ 3 ] The child is then entrusted to a rehabilitation centre on a provisional basis. [ 4 ] For a while, the child is angry at her foster parents and refuses to go back there. [ 5 ] Prior to that incident, the child threatens to run away on a few occasions. She shows behavioural disturbances and sometimes refuses to comply with rules. [ 6 ] However, the child is doing well since being entrusted to a rehabilitation unit. She follows the rules and cooperates with the workers.

She also meets with a counsellor in order to discuss her issues. [ 7 ] Despite her foster parents’ suspicions, the child denies any use or drug or alcohol. [ 8 ] The child visits her foster family and the outings go well. [ 9 ] The child is ready to go back living with her foster parents, who have taken care of her for the last six years. They are willing to have her back as well. [ 10 ] The application is well founded. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 11 ] GRANTS the application for revision of order;

[ 12 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 13 ] ORDERS that the child be entrusted to the foster family designated by DYP, namely of Mrs. C and Mr.

D; [ 14 ] ORDERS that the child benefit from respite care in a rehabilitation centre for period no longer than 5 consecutive days, if needed, per month; [ 15 ] WITHDRAWS from the father the exercise of parental attributes regarding routine or urgent health services, social, academic, extracurricular activities, as well as to obtain a passport, social insurance card, a driver's license or any other legal document that may be needed, and AUTHORIZES the DYP of the Centre intégré de santé et de services sociaux A or the foster parents to sign in place of the father; [ 16 ] ORDERS that the child be educated in the [Centre A] and be supported in participating in aboriginal cultural, culture activities and more particularly that she be given the opportunity to attend regularly different culture, religious, social and family significant activities in Town A or surrounding areas; [ 17 ] ORDERS that the child actively participate in the application of the measures ordered; [ 18 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until [...], 2024 (date of her majority); [ 19 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Ann-Chloé Boudreau for the child Mr. B the father (absent) Written judgment filed on January 29, 2020