2016 QCCQ 10737, 2016 QCCQ 10737

Protection de la jeunesse — 164702 2016 QCCQ 10737 JA1021 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF […] N° : 755-41-002654-161 DATE : June 16, 2016 ______________________________________________________________________ PRESIDED BY JUSTICE JEAN-PIERRE AUTHIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Petitioner -and- X, Born on […], 2001 Adolescent-respondent -and- A Mother-Respondent -and- B (deceased) Father-Respondent ______________________________________________________________________ J U D G E M E N T

Section 38 of the 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 Director of Youth Protection (the Director) filed a motion for protection aiming to declare that the security and development of the adolescent are in danger based on neglect in providing health care, neglect on the educational level and psychological ill-treatment to which she is exposed. [ 2 ] In light of the foregoing and considering recent improvements in the situation, the Director recommends that the adolescent remain entrusted to her friend’s parents, with aid, counsel and assistance, as well as additional corrective measures for a period of one year. [ 3 ] The mother, who is absent but represented by an attorney, admitted most of the facts alleged in support of the motion and expressed her consent to all the proposed measures.

[ 4 ] The adolescent admits most of the facts alleged and is in agreement with the measures sought by the Director. [ 5 ] She verbalizes wanting to stay in her current environment. She is also evolving positively at school and is waiting to receive psychological treatment and follow-up. [ 6 ] The milieu where the adolescent is entrusted is in the process of being assessed to be recognized as a foster family. [ 7 ] After observing and listening the adolescent at the Hearing, it is obvious to this Tribunal that the latter is relieved and happy. She is glowing. [ 8 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 9 ] Under the circumstances, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the measures are in the adolescent's interest.

FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and the development of the adolescent X are in danger for the following reasons: • 38b)1)ii) neglect in providing health care; • 38b)1)iii) neglect on the educational level; • 38c) psychological ill-treatment; [ 12 ] ORDERS that the adolescent be entrusted to Mrs. C and Mr. D; [ 13 ] ORDERS that the contacts between the adolescent and her mother be following agreement between the parties concerning the terms, frequency and these contacts should be supervised; [ 14 ] ORDERS that the adolescent and her mother take an active

part in the application of the measures ordered; [ 15 ] ORDERS a social follow-up for the adolescent and her family; [ 16 ] ORDERS that the mother reports in person at regular intervals to the Director of Youth Protection to inform her of the current situation; [ 17 ] ENTRUSTS the situation of the adolescent X to the Director of Youth Protection of A for the execution of the present judgment; [ 18 ] THE WHOLE for a period of one year. ________________________________ Jean-Pierre Authier , J.C.Q. M tre Mélanie Poulin Attorney for the Director M tre Lucie Gaucher Attorney for the adolescent M tre Gail Rollo Attorney for the mother Hearing date: June 16, 2016