2019 QCCQ 15049, 2019 QCCQ 15049

Protection de la jeunesse — 1911731 2019 QCCQ 15049 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002204-185 DATE : November 27, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2002 and A B Parents C Interested party PUBLIC CURATOR Impleaded Party ______________________________________________________________________ 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.). 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 November 27, 2019. [ 2 ] The court is seized of an application for extension presented by the Director of youth protection (DYP) of a decision rendered on November 20, 2018, requesting that the security and development of the youth be declared still in danger. [ 3 ] Consequently DYP asks the Court to entrust the youth to a rehabilitation center, as well as other measures to resolve the situation.

Question in litigation [ 4 ] Are the security and development of the youth still compromised? In the affirmative, do the recommended measures answer her needs and are they in her best interest? Context and Analysis [ 5 ] The proof reveals that the other is under the responsibility of the public curator, the father does not see the youth and X herself have diagnosis of intellectual deficiency.

[ 6 ] She will be 18 soon and DYP is trying to make sure that she receives the services she needs even after her age of majority. [ 7 ] Dr Beltempo and a pedopsychiatrist made some recommendation as to where this youth needs to be placed, but due to the lack of services up North, DYP is looking for a place in the south. [ 8 ] After taking into consideration the documentary evidence, the testimony and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the youth are still 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: [ 9 ] GRANTS the application; [ 10 ] DECLARES that the security and development of the youth are still compromised; [ 11 ] EXTENDS the decision rendered on November 20, 2018 ; [ 12 ] ENTRUSTS the youth to a rehabilitation center ; [ 13 ] TAKE JUDICIAL NOTICE that the youth will be under the care of Ms.

C ; [ 14 ] ORDERS the parents to report periodically to the DYP on the measures they apply in their own regard or in their youth’s regard, to put an end to the situation in which the security or development of the youth is in danger; [ 15 ] ORDERS the youth and her parents to take an active

part in the application of the measures ordered by the tribunal; [ 16 ] ORDERS that the contacts between the youth and her parents be supervised by the DYP as to the frequency, modalities and degree of supervision ; [ 17 ] ORDERS the youth and her parents to report in person at regular intervals to the DYP to inform him of the current situation ; [ 18 ] ORDERS the youth and her family receive the services of an external educator as long as deemed necessary by the professional ; [ 19 ] WITHDRAWS from the parents the attributes of parental authority namely, medical, school and travel ; [ 20 ] ENTRUSTS those attributes of parental authority namely, medical, school and travel to the DYP ; [ 21 ] ORDERS DYP to enforce the recommendations of the pedopsychiatrist more specifically concerning the Jordan’s clause ; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 23 ] ENTRUST the situation of the youth to the DYP who shall then see that the measures are carried out; THE WHOLE , until […], 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Adèle Cyr Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the youth Mtre Angèle Tommasel Counsel for the mother Mtre Éliane Villemur Counsel for the father