2020 QCCQ 7096, 2020 QCCQ 7096

Protection de la jeunesse — 205120 2020 QCCQ 7096 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N os : 460-41-001721-174 DATE : August 6, 2020 ______________________________________________________________________ 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 the revision of the Court order rendered on November 28, 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 X to her aunt Mrs.

C, until August 27, 2020, authorized contacts with the parents upon X’s desire and according to the modalities established with the Director, and ordered a social follow-up until August 27, 2020. [ 4 ] Today, the Director considers that the security and the development of the youth are still in danger for the same motives. [ 5 ] Because of the new facts alleged, the Director recommends revising the protective measures so that the Court entrust X to a foster family determined by the Director, authorize that the youth be entrusted to her brother, Y, as soon as the situation allows it, namely upon approval by the [Province A] child protection services, authorize contacts with the parents upon agreement between the parties, take notice of the Director’s intention to clarify a permanent life project for the youth during this measure, excluding the return to the parents’ care and order a social follow-up for a period of one year.

[ 6 ] At the hearing on August 6, 2020, the mother is present and represented. She is in agreement with the recommended measures. [ 7 ] The child’s lawyer mention that X is in full agreement with Director’s plan. [ 8 ] Since the last Court order, the youth’s situation is as described by the Director in her motion for revision of protective measures : «4. (…)

a) The youth is 15 years old and lives with her aunt, Mrs. C, and her partner, in Town A;

b) In March 2020, Mrs. C has authorized the youth to spend spring break with her mother without telling or consulting the social worker;

c) The mother and the youth decided to stretch X’s stay;

d) In total, the youth was with her mother from mid-March to mid-April 2020;

e) It can be difficult to reach Mrs. C because of her work schedule;

f) The youth’s brother just came out of prison and is in a relationship with a woman who consumes drugs;

g) Once, while she was at her mother’s, the youth witnessed a fight between her mother and her brother on one side and her brother’s girlfriend and another man on the other side. This incident happened after they caught the brother’s girlfriend cheating on him;

h) The youth says that her mother’s alcohol consumption has reduced, but that she still drinks;

i) According to the youth, when she drinks, the mother becomes "angry and crazy";

j) On July 7 th , 2020, the youth informed the social worker that she did not want to stay with her aunt anymore;

k) The youth says that she gets along with Mrs. C, but not with her partner;

l) The youth states that she is tired of feeling under pressure and being verbally abused. She says that that she wants to change foster home to be in a calmer environment;

m) According to Mrs. C, the youth regresses when she comes back from her mother’s place; » ( Sic ) [ 9 ] On July 9th, X came back to Town B. [ 10 ] She was then entrusted to a foster home on a provisional basis. [ 11 ] While her situation was being assessed, the delegate met with the youth’s older brother Mr.

Y who expressed his desire and motivation to care for X. [ 12 ] An evaluation is currently underway in Town C where he lives with his partner of 6 years who also agrees with the plan to receive X. [ 13 ] By their agreement, the parties recognize the alleged facts and that the proposed measures meet X’s needs. [ 14 ] The Court also considers that the situation evidenced in the revision report produced herein gives rise to the sought 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 to a foster family to be determined by the Director of Hyouth protection; AUTHORIZES that the youth be entrusted to her brother, Y, as soon as the situation allows it, namely upon approval by the [Province A] child protection services; AUTHORISE , in favour of the youth, contacts with the parents upon agreement between the parties; ORDERS that the parents take an active

part in the application of any of the measures ordered, namely that they collaborate to the elaboration of the intervention plan and the social follow-up, in order to put an end to the situation of endangerment; TAKES NOTICE of the Director of youth protection’s intention to clarify a permanent life project for the youth during this measure, excluding the return to the parents’ care; 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 for a period of one year; 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 Andréanne Lacasse Counsel for the DYP M e Claudel Vachon Counsel for the youth M e Maryse Pinsonneault Counsel for the mother Exhibit deposed: D-9