2019 QCCQ 18771, 2019 QCCQ 18771

Protection de la jeunesse — 197895 2019 QCCQ 18771 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] « Youth Court Division » N°: 525-41-033524-182 Date: 29 mars 2019 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2002 A , the father Applicant -and- [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A -and- B , the mother JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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.). [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of March 29, 2019, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The adolescent’s father filed an Application for revision of an order rendered by the undersigned, on August 29, 2018, whereby his now sixteen year-old daughter, X , was entrusted to his care with aid, counsel and assistance, for a period of one year. [ 3 ] In his application, the father requests that the adolescent be entrusted to the care of her mother who lives in Bermuda. [ 4 ] The Director filed Exhibit D-8 as evidence: D- 8 : 95 Court Report, prepared by [social worker 1], dated March 25, 2019. [ 5 ] In

summary, all the parties agree that it is in the adolescent’s best interest to live with her mother in Bermuda: X moved with her mother, Ms. B, to Bermuda, on February 2, 2019. Since moving email correspondence has been fluid between the involved delegate and Ms. B. Ms. B reported that there has been a positive change in X as she is now excelling in school, engaging in therapeutic services, participating in extra-curricular activities, working towards obtaining her scooter license, and applying for part-time work.

Moreover, she remains helpful in the home and has not presented with any behavioural issues thus far. [2] […] Since arriving in Bermuda, X has been attending Institute A and has complied with the school’s rules and regulations, has demonstrated her motivation and dedication towards her school work, and has verbalized how grateful she is for the opportunity to start over. Ms. B emailed X’s most recent report card to collaborator, Ms. [social worker 1], on March 18, 2019. The report card showed an average of ninety-three (93) percent and only 1 absence.

This presents a significant difference in comparison to her grades while she was living with her father, Mr.

A. [3] [ 6 ] Measures are in place to assess the adolescent for ADHD and to provide her with psychological counselling, as well as to ensure support from local Child and Family Services in Bermuda. [ 7 ] The father is pleased with his daughter’s progress in her mother’s care and claims to have resolved some of his own difficulties, stating that the alleged “concerns regarding [his] financial situation and whether his gambling issues persist” [4] are no longer warranted. [ 8 ] Moreover, he describes a much greater ability to communicate and co-parent with the mother.

[ 9 ] The adolescent will be visiting with her father in the summer and the Director of Youth Protection’s ongoing involvement, to which all parties agree, remains necessary to prevent the recurrence and escalation of potential conflicts and to ensure that all necessary support services are effectively in place. [ 10 ] The parties agree that it is in the adolescent’s best interest to be entrusted to her parents, living with her mother in Bermuda and travelling to visit and stay with her father in [town A]. [ 11 ] Under the circumstances, given the evidence and the agreement between the parties, the Court is satisfied that the recommendations are in the adolescent’s interest.

THEREFORE, THE COURT: [ 12 ] GRANTS the application in part; [ 13 ] DECLARES that the security and development of the adolescent, X remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 14 ] ORDERS that the adolescent be entrusted to the care of her parents TAKING JUDICIAL NOTICE that the father agrees that she remain in Bermuda with her mother and that the adolescent will be visiting her father in [town A] according to an arrangement to be made between the parents and the Director of Youth Protection; [ 15 ] TAKES JUDICIAL NOTICE of the parents’ undertaking to refrain from using any form physical discipline with the adolescent; [ 16 ] AUTHORIZES the Director of Youth Protection to exchange information with the service providers working with the family, including the Department of Child and Family Services in Bermuda; [ 17 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and her family; [ 18 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 19 ] THE WHOLE for a period of six months.

Signed on April 10, 2019 TAYA DI PIETRO, Q.C.J. Me Dominique Douglas Attorney for the Director of Youth Protection Me Sonia Harvey Attorney for the adolescent TD/vl