2019 QCCQ 14151, 2019 QCCQ 14151

Protection de la jeunesse — 194390 2019 QCCQ 14151 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-033793-183 DATE : May 28, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2004 adolescent and A B parents ______________________________________________________________________ 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 May 28, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered on June 12, 2018. [ 3 ] Today, the Director recommends that the adolescent remain entrusted to her mother’s care, that the adolescent be authorized to move to her father’s residence should his home assessment be positive and that support measures be ordered for a period of six months. [ 4 ] The parents and the adolescent are in agreement with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 6 ] The family has been supported by the Youth Protection worker and by an educator from the program A. [ 7 ] The mother has actively collaborated with the support services. She is receptive to the different recommendations. [ 8 ] Despite this support, the adolescent has continued to exhibit certain behavioural difficulties (not respecting her curfew, leaving home without permission and shoplifting).

She ran away from her house from October 19 to October 21, 2018. [ 9 ] The adolescent has expressed that she is struggling with depression. She receives psychosocial support from her guidance counsellor at school through bi-weekly meetings. [ 10 ] In March 2019, the Youth Protection worker learned that the adolescent was involved in a financial scam. She was also caught stealing money from students.

[ 11 ] From March 20 to April 1, 2019, the adolescent left home without permission. [ 12 ] On April 12, 2019, the adolescent again left home without permission. [ 13 ] On April 23, 2019, the adolescent transferred to school A. No problems in school has been reported since. [ 14 ] The adolescent mentioned wanting to go live with her father in Town A. The parents are open to the idea of the adolescent going to live in Town A. In April 2019, a request was made for the agency A to assess Mr. B’ environment, but this assessment has yet to be completed. [ 15 ] Mr.

B’ name was added on the adolescent’s birth certificate. [ 16 ] As the progress in the adolescent’s situation is very recent, the Director’s involvement remains necessary in order to support the different family members. In the next months, it will also be important to clarify the orientation of the child: if she will reside with her mother in Town B or with her father in Town A.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application for revision and extension; [ 18 ] DECLARES that the security or the development of the adolescent is still endangered; [ 19 ] REVISES and EXTENDS the order rendered on June 12, 2018; [ 20 ] ORDERS that the adolescent be entrusted to the care of her mother and TAKES ACT that she may visit her father during the summer months; [ 21 ] AUTHORIZES that the adolescent move to her father’s residence should his home assessment be positive; [ 22 ] ORDERS that the mother refrain from subjecting the adolescent to any form of physical or psychological maltreatment; [ 23 ] RECOMMENDS that the adolescent engage in therapeutic support to address her mental health; [ 24 ] ORDERS that the adolescent respect the house rules and her parents’ parental authority; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 26 ] THE WHOLE for a period of six months; [ 27 ] 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 June 5, 2019 /cd Mtre Georgia Limperis Counsel for the Director of Youth Protection Mtre Alec Fafard Counsel for the adolescent Date of hearing: May 28, 2019