2018 QCCQ 13826, 2018 QCCQ 13826

Protection de la jeunesse — 184243 2018 QCCQ 13826 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-031805-161 DATE : April 20, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2000 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 April 20, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered on April 26, 2017. [ 3 ] On February 21, 2018, the Tribunal entrusted the adolescent to the care of her maternal great-aunt, Ms.

B. [ 4 ] On April 9, 2018, the Tribunal ordered the provisional compulsory foster care of the adolescent in a foster family. [ 5 ] Today, the Director recommends that the adolescent remain placed in a foster family and that support measures be ordered until her majority. [ 6 ] The mother and the adolescent are in agreement with the proposed plan. Question in litigation [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 8 ] The family has received continued support from the youth protection worker and from an educator, Mr.

C. [ 9 ] The mother continues to have difficulties in meeting the adolescent’s needs. [ 10 ] The adolescent benefited from respite in a foster family every second weekend. As she is now in a foster family, this respite will be discontinued. [ 11 ] The adolescent and the mother also participate in the A Program. Their relationship continues to be strained. X feels abandoned by her mother.

[ 12 ] Unbeknownst to the youth protection worker, in November 2017, X went to reside with Ms. B, her maternal great aunt. [ 13 ] On November 24, 2017, the mother underwent gastric surgery. She assured the youth protection worker that family support was put in place. This support included Mr. D’s assistance however the youth protection worker was told he was not residing in the family home. [ 14 ] On January 24, 2018, the youth protection worker discovered that Mr. D resided in the family home four nights per week. [ 15 ] There has been no reported incidents of conjugal violence between Mr.

D and the mother. [ 16 ] X stole money from Ms. B on two occasions during the Christmas period. She has not been respecting Ms. B’s rules around social media and curfew. Ms. B’s house is infested with bed bugs. [ 17 ] On February 21, 2018, the Tribunal entrusted the adolescent to the care of her maternal great-aunt, Ms. B. [ 18 ] On April 3, 2018, Ms. B had to be hospitalized. [ 19 ] Ms. B passed away last week. [ 20 ] The mother received concerning information regarding a friend of X, Y. This friend asked X to open a bank account.

She has contacts with individuals involved with drug dealing and prostitution. [ 21 ] On April 9, 2018, the Tribunal ordered the provisional compulsory foster care of the adolescent in a foster family. [ 22 ] X integrated in a foster family located in City A. The CIUSSS is looking for a foster family that can receive [Center A] clients. The youth protection worker will continue to advocate for the adolescent to be placed in a [Center A] resource.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the application for revision and extension; [ 24 ] DECLARES that the security or the development of the adolescent is still in danger; [ 25 ] REVISES and EXTENDS the order rendered on April 26, 2017; [ 26 ] ORDERS that the adolescent be entrusted to a foster family; [ 27 ] ORDERS that the contacts between the adolescent and her mother be determined in agreement from all parties; [ 28 ] RECOMMENDS that the adolescent and her mother continue to receive psychosocial services (i.e. educator, A program); [ 29 ] ORDERS that the adolescent do not have any contact with Mr.

D unless authorized by the Director of Youth Protection; [ 30 ] ORDERS the mother to take every necessary step to ensure that the adolescent is not exposed to conjugal violence; [ 31 ] ORDERS a prohibition of contact between the adolescent and her friend Y; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 33 ] THE WHOLE until the adolescent’s age of majority, [...], 2018; [ 34 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on May 9, 2018 /cd Mtre Christine Waldvogel Counsel for the Director of Youth Protection Mtre Jean-Hervé Thomas Counsel for the adolescent Mtre Judith Shapiro-Knight Counsel for the mother Date of hearing: April 20, 2018