2019 QCCQ 12348, 2019 QCCQ 12348

Protection de la jeunesse — 192875 2019 QCCQ 12348 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 640-41-001967-162 DATE: March 22, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] AND/OR [SOCIAL WORKER 2] , youth protection workers, duly authorized by the Director of Youth Protection A, working in Town A Applicant and X, born on [...], 2006 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (Sections 95(para. 1) and 75, Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the review of a decision under s. 95 of the Youth Protection Act , [1] rendered on March 27, 2018, by the Honourable Jean Gravel, J.C.Q.

At that time, he declared that the security and development of X, born on [...], 2006, were still in danger and entrusted her to a foster family. [ 2 ] At the hearing, the child was present and assisted by counsel. The parents were not present but each asked counsel to represent them.

Facts: [ 3 ] The parents are presently in custody. [ 4 ] The child has run away from the last three (3) foster homes where she was entrusted by Youth Protection. [ 5 ] On January 7, 2019, the child’s foster mother informed Youth Protection that the child had run away. [ 6 ] Between January 5 and January 21, 2019, the child slept twice at her foster home. [ 7 ] The child was recently seen twice in the streets late at night, crying. [ 8 ] On January 31, 2019, the child was entrusted to the Town A group home. Since she has been at the group home, she has run away four (4) times. On two occasions, she consumed drugs.

Over the past two weeks, she has been visiting her family and is doing better at the group home. Position of the parties: [ 9 ] The applicant asks that the child remain in the group home with a reintegration into a foster family. [ 10 ] The father agrees with the Director of Youth Protection. [ 11 ] The child and the child’s mother suggest that the child be entrusted to the aunt, C.

Analysis: [ 12 ] The child’s parents are both in custody. The child’s liberty is also restrained; she has been entrusted to a group home against her will. [ 13 ] The aunt, C, is ready to take care of her niece. She is a single mother, but there are men living at her house who have allegations of sexual assault on teenagers. She testified that she would not leave X alone with the grandfather. She is planning to move into another house if X is entrusted to her.

She has already cleaned the house and has to move her furniture in the coming days. [ 14 ] According to s. 4 of the Youth Protection Act , [2] every decision must aim at keeping the child in the family environment.

FOR THESE REASONS, THE COURT: [ 15 ] GRANTS this application in part ; [ 16 ] REVIEWS the decision or order rendered on March 27, 2018; [ 17 ] DECLARES that the security and development of X, born on [...], 2006, are still in danger; [ 18 ] ORDERS that the child be entrusted to a rehabilitation centre, chosen by the institution operating a child and youth protection centre, with reintegration with C after she has moved into the new house; [ 19 ] ORDERS the parents and the aunt, C, to take an active

part in the application of the measures ordered by the Court; [ 20 ] ORDERS the parents and the aunt, C, to report by phone, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 21 ] ORDERS the parents to remain sober in the presence of the child; [ 22 ] ORDERS the parents to refrain from any violent behaviour in the presence of the child; [ 23 ] RECOMMENDS that the parents seek help through Social Services for their alcohol and personal issues; [ 24 ] ORDERS that contact between the child and the parents be determined by the Director of Youth Protection with respect to the terms, frequency and degree of supervision; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the family; [ 26 ] ORDERS that the child attend school and follow the program; [ 27 ] ORDERS that the child receive the services of an external educator for the period deemed necessary by the professional; [ 28 ] AUTHORIZES the Director of Youth Protection to carry out unannounced visits at C’s house; [ 29 ] ORDERS the police to cooperate in the execution of this judgment; [ 30 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures.

THE WHOLE UNTIL DECEMBER 31, 2019 . __________________________________ MARC OUIMETTE, J.C.Q. Mtre Sarah Bourgeois-Lessard Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the child Mtre Angèle Tommasel Counsel for the mother Mtre Marianne Léonard Counsel for the father Dates of hearing: March 21, 2019, and March 22, 2019