2020 QCCQ 3690, 2020 QCCQ 3690

Protection de la jeunesse — 203624 2020 QCCQ 3690 COURT OF QUEBEC Youth Court Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N° : 505-41-005046-075 DATE : July 14, 2020 ______________________________________________________________________ IN THE PRESENCE OF THE HONORABLE LYNE MORIN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Petitioner -and- X , born on [...], 2003 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T Article 95 (1) of Youth Protection Act ______________________________________________________________________ JM2505 CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified.

Whosoever contravenes this

article is guilty of an offence and is liable to a fine [ articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection (the Director) petitions the Court with an Application for Revision of a Court decision dated February 28, 2019. [ 2 ] Following said decision, the Court ordered that the child be entrusted to the foster family of Ms C until her majority on [...], 2021.

All other conclusions rendered on December 18, 2015, not inconsistent with the execution of the measures ordered were maintained. [ 3 ] The child’s situation requires the partial revision of said order as on May 6, 2020, an altercation occurred between the child and Mrs. C. [ 4 ] The Director recommends that the child reside in an autonomous apartment. [ 5 ] The mother is absent. [ 6 ] The father is present. He agrees with the modified conclusions. The father was released from jail yesterday.

CONTEXT AND ANALYSIS [ 7 ] On May 6, 2020, the child sent a text message to the social worker stating that she needed to speak with her. It was an emergency. The child mentioned that Ms C had become irritated and verbally aggressive towards her and that she had a panic attack. [ 8 ] The child said that her mental health is being affected because she no longer has the option of getting away from the house when there are conflicts due to the sanitary measures in place (COVID-19). [ 9 ] On May 7, Ms C was overcome with emotions and unavailable to have a discussion with the social worker. She indicated that

if X chose to leave the home, she would no longer be welcomed to return. X went to her sister’s home for the weekend. [ 10 ] On May 12, Ms C indicated that she felt that she no longer had any influence or place in X’s life. On May 15, the child was temporarily entrusted to Ms D. [ 11 ] On May 29, the mother authorized X to reside in an apartment. On June 2, X integrates her apartment in City A. [ 12 ] X also began to work with an educator on a weekly basis to assist her in her transition towards autonomy. [ 13 ] X hopes to work one day with animals either as a veterinarian or as a veterinarian’s assistant.

She worked very hard at school this year to obtain the marks required in order to attend CEGEP. [ 14 ] X continues to see her mother occasionally in the presence of other family members. The mother mentioned that she no longer uses recreational drugs and has maintained her sobriety for the last four years. She agrees to support her daughter in her project of autonomy. [ 15 ] X has benefited from the strong bond which she has formed with her foster family (D/C).

She has reached a level of maturity and responsibility and has now begun her autonomous life project. [ 16 ] The Director’s goal with X will consist of assisting her to identify and to apply social and community services available to her to support her growth, autonomy and success in reaching her goals. [ 17 ] The Court is satisfied with the evidence adduced regarding the allegations. The proposed measures are in the best interests of the child.

FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the modified Application; [ 19 ] DECLARES that the security and development of the child are still in danger; [ 20 ] REVISES the Court order rendered on February 28th 2019; [ 21 ] ENTRUSTS the child to the mother; [ 22 ] TAKES JUDICIAL NOTICE that the child will reside in an autonomous appartment; [ 23 ] ORDERS that the contacts between the child and the father be upon agreement between the parties; [ 24 ] ORDERS that the contacts between the child and Ms C be upon agreement between the parties; [ 25 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 26 ] ORDERS that the contacts between the child and her extended maternal family be upon agreement between the parties; [ 27 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 28 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the measures; [ 29 ] THE WHOLE until the child's majority, namely [...] 2021. __________________________________ Lyne Morin , J.C.Q. Mtre Alexandra Provost Attorney for the Director of Youth Protection Mtre Jean Pierre Gaudreau Attorney for the child Date of hearing : July 14, 2020 Signed judgment : August 10, 2020