2020 QCCQ 13844, 2020 QCCQ 13844

Protection de la jeunesse — 202098 2020 QCCQ 13844 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] “Youth Division” No: 635-41- 000582-145 DATE: January 28, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...] 2003 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 January 28, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Peggy Warolin on April 17, 2019. [ 3 ] Today, the Director recommends that the adolescent be placed in a foster family and that diverse support measures be ordered until her age of majority. [ 4 ] The parents were served but are absent. [ 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 ] Up until September 2019, the adolescent has been functioning relatively well in the foster family of Ms. C. She was attending school and working part-time at [Company A]. [ 8 ] In September 2019, issues were again reported with the adolescent. [ 9 ] She has been struggling with marijuana consumption. [ 10 ] At times, the adolescent has not been respecting rules and curfew. At times, she has been missing school and work without justification.

[ 11 ] On September 20, 2019, the adolescent was transferred to the foster family of Mrs. D. She refused to receive support from a psychologist, a counsellor or external educator. Since, it has been reported that she is doing better. She respects the rules and goes to school. Mrs. D mentions being available to care for her on a long term basis (even beyond her eighteenth birthday). [ 12 ] The mother’s situation has remained the same. She still resides at Residence A where she continues to receive specific health care regarding her disability. [ 13 ] The father has not been involved in the adolescent’s life.

He has not collaborated with the Director. [ 14 ] The Tribunal considers that at this point, a permanent plan can be offered to the adolescent. THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for extension; [ 16 ] DECLARES that the security or the development of the adolescent continues to be endangered; [ 17 ] EXTENDS the order rendered on April 17, 2019; [ 18 ] ORDERS that the adolescent be entrusted to the foster family of Mrs.

D; [ 19 ] ORDERS that the adolescent and the foster family receive the services of an external educator for the period deemed necessary by the professionals; [ 20 ] ORDERS that the adolescent and the parents take an active

part in the application of the ordered measures and fully collaborate with the Director of Youth Protection; [ 21 ] ORDERS that the adolescent and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of their current situation; [ 22 ] ORDERS that the parents remain sober in the adolescent’s presence; [ 23 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and GRANTS them to Mrs.

D, more specifically regarding health, education, extracurricular activities, travelling and passport; [ 24 ] ORDERS that contacts between the adolescent and her parents be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 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 until April 19, 2021; [ 27 ] 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 February 13, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett Date of hearing: January 28, 2020