2019 QCCQ 11839, 2019 QCCQ 11839

Protection de la jeunesse — 191884 2019 QCCQ 11839 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 614-41-000259-178 DATE : February 11, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2001 adolescent and A (deceased) 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.). [ 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 February 11, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Lucille Beauchemin on January 11, 2018. [ 3 ] Today, the Director recommends that the adolescent be entrusted to her paternal grandmother’s care and that support measures be ordered until her majority. [ 4 ] The father and the adolescent are in agreement with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 6 ] The adolescent responded well to the program in the rehabilitation centre. At the end of her placement period, she integrated back to her father’s care. She remained there for about one month and then moved to her paternal grandmother’s place as she did not get along with her father anymore. [ 7 ] At this point, the Director, the father or the adolescent should have seized the court as the plan established by Justice Beauchemin was not working anymore.

It is paramount that the terms and the spirit of court orders be respected and in this case, it was not. It is only on December 28, 2018 that the Director petitioned court for review. [ 8 ] The adolescent stayed at her grandmother for one month before the grandmother mentioned that she could not care for her anymore as she started to be disrespectful and aggressive. [ 9 ] The adolescent was placed in a foster family in the community. She was doing well in the foster family and in the community.

She was attending school. [ 10 ] In October 2018, she went to visit her maternal grandmother in City A. Her grandmother and her maternal aunt passed away shortly after. [ 11 ] The adolescent and her boyfriend went to reside with another maternal aunt, C, in City A.

The adolescent was respecting her aunt’s house rules and, at some point, she wished to remain entrusted to her care. [ 12 ] The adolescent recently changed her mind and decided to return living, with her boyfriend, at her paternal grandmother’s residence. [ 13 ] The adolescent is pregnant and due to give birth in May 2019. [ 14 ] The relationship between the adolescent and her father has improved but not to the point where she would want to return living with him. At this point, they see each other every day. [ 15 ] The father’s collaboration with the youth protection worker has been uneven.

He is in the bush at times and continues to abuse alcohol. He has not participated in any treatment program. [ 16 ] The adolescent needs a stable plan. Hopefully, she’ll find this while residing with her paternal grandmother. In the event a change was necessary, the Tribunal asks the parties to seize court in a proper timing.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application for revision; [ 18 ] DECLARES that the security or the development of the adolescent is still endangered; [ 19 ] REVISES the order rendered on January 11, 2018; [ 20 ] ORDERS that the adolescent be entrusted to the specific care of her paternal grandmother, Ms.

D; [ 21 ] TAKES ACT that the Director will proceed to evaluate this milieu as a potential proximity foster home; [ 22 ] RECOMMENDS that the adolescent attend all necessary prenatal follow up; [ 23 ] RECOMMENDS that the father engage in counselling to develop additional parenting skills; [ 24 ] RECOMMENDS that the adolescent engage in a personal counselling of her own to continue addressing her personal issues related to anger; [ 25 ] ORDERS that the adolescent and her father fully collaborate with the Director of Youth Protection and meet with the worker upon request; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 27 ] THE WHOLE until the adolescent’s age of majority; [ 28 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on February 25, 2019 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Serge Fleury Counsel for the adolescent Mtre Marie-Eve Bartkowiak Counsel for the father Date of hearing: February 11, 2019