2020 QCCQ 9636, 2020 QCCQ 9636
Opinion
JJ0494 Protection de la jeunesse — 204406 2020 QCCQ 9636 JJ0494 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 450-41-007335-194 DATE : JUNE 23, 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARIE-PIERRE JUTRAS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of the CIUSSS A, whose offices are located at [...], District A; Applicant - and - X Born on [...], 2005 Child - and - A B Parents ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.
Every person who contravenes this provision is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection is asking the Court to review an order rendered by our colleague, the Honourable Pascale Berardino, on November 20 th 2019. [ 2 ] The Director alleges that the evolution of the situation requires that the applicable protective measures be extended. In this
regard, the Director wishes to maintain the youth at the rehabilitation centre with a gradual return of the youth to her mother, if the situation allows it. [ 3 ] The Director wishes to provide aid, counselling and assistance to the youth and her family during the coming year. [ 4 ] All of the parties consent to the application. Overview and analysis [ 5 ] During the last order, the youth did not participate in her psychosocial treatment.
It is only recently that she accepted the help provided, but only in dribs and drabs. [ 6 ] The youth and her mother still wish to live together, but to do so, the youth must accept the aid provided so that she can talk about her issues and accept medical help. [ 7 ] The mother must also be able to provide her daughter with supervision. [ 8 ] The situation has not progressed sufficiently over the last eight months to allow the youth to return to her family environment. [ 9 ] The Director needs one more year to continue to equip the youth and to support the mother. [ 10 ] Considering that the conclusions sought by the Director in the application for review respect the demonstrated interests of this youth and have been agreed to by all the parties, the Court will grant the application according to its conclusions.
FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and the development of the youth X are in danger; [ 13 ] REVISES the Court order rendered on November, 20th, 2019; [ 14 ] ORDERS that the youth X be entrusted to a rehabilitation centre; [ 15 ] ALLOWS the progressive reintegration of the youth X into her maternal family environment, according to the evolution of the situation and in the youth X’s best interest; [ 16 ] AUTHORIZES , in the youth X favor, contacts with her mother upon agreement and according to the modalities established with the Director of Youth Protection; [ 17 ] ORDERS that the youth X and her mother take an active
part in application of any of the measures rendered to put an end to the situation; [ 18 ] TAKES JUDICIAL NOTICE of the mother’s intention to receive services for her and the youth X from [Organization A] and the Centre de santé et de services sociaux (CSSS), for the time deemed necessary; [ 19 ] ORDERS that the youth X attend school on a regular basis; [ 20 ] ORDERS that the youth X receives all the health care and services required by her situation and that she respects the instructions of the caregivers; [ 21 ] ORDERS that a person working for CIUSSS A or any other establishment or body, provide aide, counsel and assistance to the youth X and her family for a period of one year ; [ 22 ] ENTRUSTS the situation of the youth X to the Director of Youth Protection to see that the measures are carried [1] . ___________________________________ Marie-Pierre Jutras, J.C.Q.
Mtre Idil Omar Abdi
Counsel for the Director of Youth Protection Mtre Marco Pierre Caza Counsel for the child Mtre Mélissa Robert Counsel for the mother Date of hearing: June 23, 2020
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