2013 QCCQ 8692, 2013 QCCQ 8692

Protection de la jeunesse — 133097 2013 QCCQ 8692 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N°: 525-41-025454-125 DATE: June 10, 2013 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of A Centres Applicant - and - X Born on [...] , 1997 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of June 10, 2013, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for extension of an order rendered May 15, 2012, ordering that the adolescent be entrusted to the care of her paternal grandmother for a period of six months and that a social follow-up be provided to the family for a period of one year. [ 3 ] The principal facts alleged in support of the motion are the following: • The adolescent remained entrusted to the care of the paternal grandmother until March 2013 and has since then returned to the care of her parents; • The parents are presently living in the home of a paternal aunt, with the adolescent.

The parents had to leave their apartment due to inappropriate living conditions and they expect to have their own apartment by the summer of 2013; • In June of 2012, there was no more need for the adolescent to attend therapy at the A hospital, as she was receiving individual therapy at the CLSC A ; • The father did not attend a program for anger management, as he was unemployed and unable to afford the costs; • Since December 2012, the father has been seeing a psychologist at the CLSC A ; • The mother has been unable to access services for her issues as she has not yet received her permanent residence documents; • The parents were married in December 2011; • The parents have not reported any incidents of conjugal violence and stated that their relationship has improved. [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to her parents and that a social follow-up be

maintained for a period of nine months. [ 5 ] The parents admit the facts alleged in the motion and consent to the measures recommended by the Director of Youth Protection. [ 6 ] The father testifies that the communication within the family has improved. The father says that he has not participated in an anger management program because he cannot afford the fees but would otherwise agree to participate. [ 7 ] The adolescent admits the fact alleged in the motion. She feels that the intervention of DYP is no longer necessary but would agree for a social follow-up until the beginning of the next school year.

The adolescent states that she is struggling academically but says that she will make efforts to complete her school year. [ 8 ] The Court also heard the testimony of [Social Worker 1] , human relations’ agent, and read the report the Director of Youth Protection filed as proof of the adolescent’s situation. The evidence reveals that the family still needs the support of DYP. The family is still struggling financially as the father is currently unemployed. They must also find an apartment and learn once again to live as a family.

Furthermore, the father has not participated in anger management program and no community services have been found for the mother due to her disability and her precarious status in Canada. [ 9 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to her parents’ care and that a social follow-up be maintained for a period of nine months.

The family situation has improved but ongoing support is needed to stabilize the situation and to ensure that the adolescent’s needs are met. [ 10 ] THEREFORE, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES still compromised the security and development of the adolescent, X ; [ 13 ] ORDERS that the adolescent be entrusted to her parents; [ 14 ] ORDERS that the parents ensure that the adolescent is not exposed to any verbal or physical violence in the home; [ 15 ] ORDERS the father to follow through and complete an anger management program and TAKES JUDICIAL NOTICE that DYP will help the father in seeking a program; [ 16 ] ORDERS the father to continue to participate in counselling offered to him through the CLSC; [ 17 ] RECOMMENDS that the mother participate in supportive counselling in the community; [ 18 ] ORDERS that the adolescent receive all health care services required by her situation, including individual therapy for as long as needed; [ 19 ] ORDERS that DYP be authorized to receive and share information from professionals involved with the family; [ 20 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family for a period of nine months; [ 21 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of A Centres, who shall see that the measures are carried out; [ 22 ] ORDERS the execution of the present order by any peace officer.

Signed June 12, 2013 Ann-Marie Jones, J.C.Q. AMJ/dg Me Sym Davis Counsel for the Director of Youth Protection Me Pauline Laforce Counsel for the adolescent

Date of hearing: June 10, 2013