2019 QCCQ 15162, 2019 QCCQ 15162

Protection de la jeunesse — 1910195 2019 QCCQ 15162 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N os : 460-41-001721-174 DATE : November 28, 2019 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2004 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection; Applicant -and- A Child’s mother -and- B Child’s father ______________________________________________________________________ JUDGMENT [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 11.2, 11.2.1 and 135 Y.P.A.).

Introduction [ 1 ] The Director is requesting for the revision of the Court order rendered on January 31, 2019. [ 2 ] By this order, the Tribunal declared the security and development of X still in danger for the motives of neglect on educational level, psychological ill-treatment and serious risk of neglect. [ 3 ] As protective measures, the Court entrusted the youth to a foster family until November 8, 2019, authorized her reintegration with the mother following the end of the school year, if the situation allows it, authorized contact with the mother upon agreement with the Director, and with the father upon agreement with the Director and respecting X’s desire. [ 4 ] In addition, the Court forbade contact with Mr.

C and ordered a social follow-up until November 8, 2019. [ 5 ] Today, the Director considers that the security and the development of the youth are still in danger for the same motives. [ 6 ] Because of the new facts alleged, the Director recommends revising the protective measures so that the Court entrust X to her aunt, Mrs. D, until August 27, 2020, that contact with her parents be authorized, upon X’s desire and according to modalities established with the Director, and that a social follow-up be provided to X and her family until August 27, 2020.

[ 7 ] At the hearing on November 28, 2019, the mother is present and represented. She is in agreement with the recommended measures. [ 8 ] The father is absent as he resides in the [Country A]. [ 9 ] The child’s lawyer mention that X is in full agreement with Director’s plan. Evolution of the situation [ 10 ] Following the last Court order, X remained in her foster family and had extended contacts with her mother. [ 11 ] X soon evoked a new project of living with her maternal aunt, Mrs. D, in Town A. [ 12 ] Last April, X spent four days with her aunt and fourteen days during the summer vacations.

Their relationship is positive and X enjoys spending time with her. [ 13 ] In the meantime, in her foster family, it is reported that X has become progressively challenging of the rules and disrespectful towards the authority. [ 14 ] X tends to bond with disreputable peers.

She has begun using drugs and alcohol and has been sharing inappropriate pictures of herself through social media. [ 15 ] She lost interest in her foster family and in school and failed her school year. [ 16 ] In recent months, it has been observed that X mainly focuses on her project of moving to Town A and shows a growing lack of interest in her placement among other things. [ 17 ] The mother is in favour with the idea of her daughter moving in with the maternal aunt. [ 18 ] An assessment of the aunt’s living environment was performed by the social service department in [Province A], and proves to be positive; [ 19 ] As it was in the best interest of the youth that she be able to begin the school year in due time, in Town A, the Court granted a provisional order on August 27 th to entrust X to her aunt Ms.

D. [ 20 ] Since the placement, X has been blooming in her aunt’s care and in her new social and family environment. She is respecting her aunt’s house rules. [ 21 ] X has been attending at Academy A and his performing well. She is involved in social clubs at school and made new friends.

X appreciate the diversity and open minded environment. [ 22 ] Her aunt is committed in caring for X on a long term basis if needed. [ 23 ] The mother acceptance of this placement makes it easier for X to be happy and center herself on her teenager's life. [ 24 ] The mother had first planned on moving to Town A with her daughter but has since changed her mind. [ 25 ] The mother has put an end to her relationship with Mr. C.

X no longer has contact with him. [ 26 ] The mother has been in a relationship with a new boyfriend since March 2019. [ 27 ] The mother has maintained her sobriety and has taken the necessary steps to address her situation; [ 28 ] In late January 2019, it was discovered that X had been sexually assaulted by a young man. [ 29 ] The mother had not informed the Director. She claims it was in order to respect her daughter’s privacy.

The Director states it was in order to not lessen her chances of having her daughter back. [ 30 ] X finally refused to press charges, but received help in the form of a group aiming at helping youth address emotional issues. [ 31 ] Since X is in Town A she has not had contact with her mother other than over the phone and Facetime. [ 32 ] The mother had gone to [Province B] and was hard to reach. [ 33 ] X would like to visit her mother in Town B, but the later says she will visit her daughter instead. [ 34 ] The Court recommends that the mother increase her level of involvement with the social follow-up and in her presence in her daughter’s life. [ 35 ] This being said, X must also continue her journey in order to distance herself from her mother’s difficulties and avoid taking responsibility for her. [ 36 ] Having read the report and heard the mother’s testimony, the Court finds that the evolution of the situation gives way to the recommended measures.

FOR ALL THESE MOTIVES THE COURT: GRANTS the present application; DECLARES that the security and development of the youth X are still in danger; ENTRUSTS the youth X to her aunt Mrs. D, until August 27, 2020; AUTHORIZES , in the youth’s favour, contact with her parents, upon her desire and according to modalities established with the Director of Youth Protection; ORDERS that the youth and her parents be transparent and take an active

part in the application of the measures; ORDERS that a person, working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the youth and her family until August 27, 2020; ENTRUST the situation of the youth X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q. M e Christine Loubier Counsel for the DYP M e Caroline Rosa Counsel for the youth M e Maryse Pinsonneault Counsel for the mother Date of written judgment : January 10, 2020