2016 QCCQ 6581, 2016 QCCQ 6581

Protection de la jeunesse — 162751 2016 QCCQ 6581 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001871-141 DATE: April 12 th 2016 PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. IN THE MATTER OF: X, born on [...] 2000 Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A, residing and domiciled in Town B, Quebec, district A Mother and B (deceased) Father JUDGMENT ( Sections 95 and 75 , Youth Protection Act , R.S.Q. c.

P-34.1) 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 asks the Court to review the decisions made on August 17 th 2015 concerning the child, X. [ 2 ] The child is now 16 years old. She was entrusted to a rehabilitation centre according to the last Court order.

She is now ready to reside in a foster family. [ 3 ] The child and the mother were present in Court on April 12 th 2016. They both admit all the alleged facts and agree that the measures proposed by the Director be ordered. [ 4 ] The child has made progress in the [centre A] in Town C.

She had regular contacts with her older sister, Y. [ 5 ] She was authorized to visit and stay with her sister. [ 6 ] She had a relapse a month ago consuming alcohol and being involved in a fight. [ 7 ] Y, the child’s sister, accepts the intervention of an external educator to help facilitate the child’s integration with her. [ 8 ] The mother does not collaborate with the Director. She knows that the child was sexually abused by her brother C. She did not protect her child. FOR ALL THESE REASONS COURT: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of the child, X, are still in danger;

[ 11 ] REVISES and EXTENDS the decision rendered on August 17 th 2015; [ 12 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection centre; [ 13 ] ORDERS that the child and the mother take an active

part in the application of the measures; [ 14 ] ORDERS that the child and the mother report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 15 ] ORDERS that the child not come into contact with Mr C and Mr D; [ 16 ] ORDERS that the child attend school or look for a job and work; [ 17 ] ORDERS that the child and the family receive the services of an external educator for the period deemed necessary by the professionals; [ 18 ] ORDERS that the mother remain sober in the presence of the child [ 19 ] RECOMMENDS that the mother seek help through social services concerning her personal issues; [ 20 ] ORDERS that the contacts between the child and the mother be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 21 ] ORDERS that a person working for an establishment or body provide aid, counsel and assistance to the child and the family; [ 22 ] RECOMMENDS that the parents be proactive during the application of the measures; [ 23 ] ORDERS the police to collaborate to the execution of the enactment; [ 24 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 25 ] THE WHOLE until August 17 th 2016. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Marie-Claude De Gagné, Attorney for the child Mtre Angèle Tommasel, Attorney for the mother