2019 QCCQ 15900, 2019 QCCQ 15900

Protection de la jeunesse — 1911755 2019 QCCQ 15900 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 640-41-002379-193 DATE : October 11, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...],2005 and A Mother ______________________________________________________________________ JUDGMENT

Section 38 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 youth or the youth’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.). Introduction [ 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 October 11, 2019. [ 2 ] The Court is seized of an application presented by the Director of youth protection (DYP), requesting that the security and development of the youth be declared in danger for serious behavioral issues. (

section 38

f) of the Youth Protection Act ), as expressed in the motion. [ 3 ] Consequently the DYP asks the Court to entrust the the youth in a rehabilitation center, as well as other measures to improve the situation. Question in litigation [ 4 ] Are the security and development of the youth compromised? In the affirmative, do the recommended measures answer her needs and are they in her best interest?

Context and Analysis [ 5 ] X and her mother admit that she displays aggressive behaviour, she stays out late, she consumes drugs and alcohol, and she displays suicidal ideations. [ 6 ] The mother agrees with the recommendations of the DYP, and the youth would like to go back with her mother or be placed in a foster family instead of a rehabilitation center. [ 7 ] She was placed in a foster family under a provisional agreement signed in March and according to the proof, the foster family reported being scared of the youth. [ 8 ] X often chooses to participate in actions and events she knows are not good to her mental and physical well-being.

She also rarely

attends school. [ 9 ] The mother recognize the need for her daughter to be placed in a structure environment. [ 10 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the youth are in danger and that the measures suggested meet her needs and deemed to be in her best interest. THEREFORE AND FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application ; [ 12 ] DECLARES that the security and development of X are compromised under

section 38

f) of the Youth Protection Act ; [ 13 ] ENTRUSTS the youth in a rehabilitation center chosen by the institution operating a child and youth protection center, with possible reintegration in a foster family or with the mother if the situation allows it ; [ 14 ] ORDERS the mother and the youth to report in person, at regular intervals, to the Director to inform him on the current situation; [ 15 ] ORDERS the mother to seek help through Social Services regarding her personal issues; [ 16 ] ORDERS that the contacts between the youth and the mother be determined by the director as for the modalities, the frequency and the degree of supervision; [ 17 ] OODERS the mother to remain sober in the presence of the youth; [ 18 ] ORDERS that the youth attend school or another place of learning or participates in a program geared to developing autonomy ; [ 19 ] ORDERS that a person working for an institution or a body provides aid, counsel and assistances to the youth and the family; [ 20 ] ENTRUSTS the situation of the youth to the DYP who shall then see that the measures are carried out; THE WHOLE until August 30, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Karianne Asselin Counsel for the Director of Youth Protection Mtre Éliane Villemur Counsel for the youth Mtre Angèle Tommasel Counsel for the mother