2019 QCCQ 19982, 2019 QCCQ 19982

Protection de la jeunesse — 198127 2019 QCCQ 19982 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000201-068 DATE: September 26, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2003 adolescent and A mother ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on September 26, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Lucille Beauchemin on September 5, 2018. [ 3 ] Today, the Director recommends that the adolescent be entrusted to a foster family and that support measures be ordered until September 30, 2020. [ 4 ] The mother is absent but was duly notified by public notification. [ 5 ] The adolescent is in agreement with the Director’s plan.

Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The adolescent has been functioning well within the group home setting in Town A. She reported enjoying living at the group home and the educators working at the centre. She participated in a program dealing with Self-Esteem, Suicide Prevention and Social Skills. She only expressed suicidal ideations on one occasion. On March 2, 2019, the adolescent ran away from the group home for one night. She recognized that this was a mistake.

She still wishes to return living in a foster family. [ 8 ] The adolescent is attending school every day but support and structure had to be adjusted in order to facilitate her learning. [ 9 ] In May 2019, the adolescent started to be employed at the hospital. From July 21 to 31, 2019, she attended a youth camp in Town B.

[ 10 ] On August 23, 2019, the adolescent started a progressive integration to the foster family of Ms. B in Town A. [ 11 ] Visits with her grandmother and her aunt C were permitted and they were reported as positive. [ 12 ] The mother’s situation has remained the same. Her residential situation is still unstable as she does not have a place to reside. She would presently be in Town B. [ 13 ] The mother has not taken steps with Social Services to stabilize her personal situation. She has collaborated minimally with the Director.

Despite attempts to contact her, the Youth Protection worker was only able to meet with her on two occasions (August 12 and 14, 2019). [ 14 ] The mother’s lifestyle cannot allow for the adolescent to reintegrate her care. An alternative plan was established. The adolescent’s progressive integration to her new foster family has been reported as positive so far. She is now ready to integrate this more familial resource.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for revision; [ 16 ] DECLARES that the security or the development of the adolescent is still endangered; [ 17 ] REVISES and EXTENDS the order rendered on September 5, 2018; [ 18 ] ORDERS that the adolescent be entrusted to a foster family; [ 19 ] TAKES JUDICIAL NOTICE that the chosen foster family is the one of Mrs.

B residing in Town A; [ 20 ] WITHDRAWS the exercise of certain attributes of parental authority from the mother and GRANTS them to the Director of Youth Protection, namely regarding health, school, extracurricular activities, travelling, passport and driving licence; [ 21 ] ORDERS that the mother take an active

part in the application of any of the measures ordered; [ 22 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 23 ] ORDERS that the mother remain sober in the presence of the adolescent; [ 24 ] RECOMMENDS that the mother seek help through the Social Services concerning her alcohol and personal issues; [ 25 ] RECOMMENDS that contacts between the adolescent and Mrs.

D, her psychological grandmother, be encouraged; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 27 ] THE WHOLE until September 30, 2020; [ 28 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q. Written and signed on October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mrs. Laurence Migué Counsel for the adolescent Date of hearing: September 26, 2019