2019 QCCQ 15186, 2019 QCCQ 15186

Protection de la jeunesse — 1911720 2019 QCCQ 15186 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-001758-140 DATE : November 27, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION And X Born on [...], 2003 And A B Parents ______________________________________________________________________ JUDGMENT

Section 95 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.). Introduction [ 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 November 27, 2019. [ 2 ] The court is seized of an application for extension presented by the Director of youth protection (DYP) of a decision rendered on November 22, 2018, requesting that the security and development of the child be declared still in danger. [ 3 ] Consequently DYP asks the Court to entrust the child to her father and her stepmother, as well as other measures to resolve the situation. [ 4 ] The father is absent because of his work and his lawyer will represent him.

Question in litigation [ 5 ] Are the security and development of the child still compromised? In the affirmati-ve, do the recommended measures answer her needs and are they in her best interest? Context and Analysis [ 6 ] The proof reveals that DYP decided to place X in a foster family who is not the one designed in the decision rendered on November 22, 2018, without bringing the case in Court before making the change. [ 7 ] X is now with her father and is doing well.

All the parties agreed to the measures seek by the DYP. [ 8 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the child are still in danger and that the measures suggested meet her needs and deemed to be in her best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the application; [ 10 ] DECLARES that the security and development of the youth are still compromised; [ 11 ] EXTENDS the decision rendered on November 22, 2018; [ 12 ] ENTRUSTS the youth to her father and stepmother; [ 13 ] STRONGLY RECOMMENDS the youth to submit herself to a psychological assessment; [ 14 ] ORDERS the parents to report periodically to the DYP on the measures they apply in their own regard or in their youth’s regard, to put an end to the situation in which the security or development of the youth is in danger; [ 15 ] ORDERS the youth and the parents to take an active

part in the application of the measures ordered by the tribunal; [ 16 ] ORDERS that the youth and the parents report in person at regular intervals to the DYP to inform him of the current situation; [ 17 ] ORDERS the parents to remain sober in the presence of the youth; [ 18 ] ORDERS the mother to seek help through the Social Services concerning their personal issues; [ 19 ] ORDERS that the contacts between the youth and her mother be determined by the DYP as to the frequency and modalities and degree of supervision; [ 20 ] ORDERS DYP to inform all the workers, in writing of their obligation to return to Court when they decide to move a youth from a designed foster family to another one, before making the move; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 22 ] ENTRUST the situation of the youth to the DYP who shall then see that the measures are carried out; THE WHOLE , until November 30, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Adèle Cyr Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the youth Mtre Angèle Tommasel Counsel for the mother Mtre Éliane Villemur Counsel for the father