2016 QCCQ 12616, 2016 QCCQ 12616

Protection de la jeunesse — 165553 2016 QCCQ 12616 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 145-41-000463-148 DATE: August 3, 2016 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2002 Youth -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of youth protection (DYP) asks the Court to revise and extend the order rendered on August 5, 2015, in respect of the youth. [ 2 ] At the hearing, the youth is present and represented by a lawyer. The mother is also present but unrepresented and wishes to proceed. [ 3 ] The DYP requests a few amendments in the conclusions on the application, such as to entrust the youth to the mother and to withdraw some recommendations.

The parties agree with the amended measures proposed by the DYP and the filing of the report to value the testimony of her author. [ 4 ] Concerning the father, the DYP requests a dispense to serve the application to him, since he is untraceable. The DYP attempted a few times to serve him the proceedings through a bailiff unsuccessfully. Moreover, they use a specialized firm [1] to retrace him without any result. The DYP worker also tried to reach him by phone but was unable to communicate with him either. For these reasons and in the best interest of the youth, the hearing will proceed.

The Court dispenses the serving of the application to the father. [ 5 ] Furthermore, the situation with the father is the same; he is not present in the child’s life. [ 6 ] Since the last order, the mother made some serious changes in her life. She made the necessary follow-up, to help her, control her addiction. She even accepts to have drug tests, and the results are negative. She attends her appointments with the DYP worker regularly as well as with every other professional.

For the past 20 months, the mother is consistent, stable and structured her life for the well-being of the youth and her siblings. [ 7 ] The youth is 14 years old. She receives services from a psychologist to help her build a relationship with her mother. The contacts between them are going well. They got closer. In school, she has a positive attitude and functions well. [ 8 ] The evidence demonstrates that the security and development of the child are still in danger. Under the circumstances, the application is well founded. The suggested measures appear to be in the best interest of the youth.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 9 ] GRANTS the petition for revision and extension of order;

[ 10 ] DISPENSES the DYP to serve this application for revision and extension of order to the father; [ 11 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 12 ] REVISES AND EXTENDS the Court order rendered on August 5, 2015; [ 13 ] ORDERS that the youth be entrusted to her mother; [ 14 ] RECOMMENDS that the mother participate in her addiction counselling, for as long as deemed necessary by the DYP; [ 15 ] RECOMMENDS that the mother seek psychological counselling, as long as deemed necessary by the DYP; [ 16 ] ORDERS that the contacts between the youth and her father be determined by agreement between the parties, including their supervision, as long as deemed necessary by the DYP; [ 17 ] RECOMMENDS that the youth benefit from a psychological follow-up, as long as deemed necessary by the DYP; [ 18 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the youth and her family until February 28, 2017; [ 19 ] ENTRUSTS the situation of the youth to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Lynn-Ann Smith for the applicant Me Réal Grenier for the child Mme A the mother Mr. B the father (absent) Written judgment filed on August 16, 2016