2020 QCCQ 2778, 2020 QCCQ 2778

JM2174 Protection de la jeunesse — 20187 2020 QCCQ 2778 JM2174 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No.: 505-41-009609-191 DATE: January 8, 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE NANCY MOREAU J.C.Q. ______________________________________________________________________ [SOCIAL WORKER], duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant - and— X, born on [...], 2002 Child-Respondent - and— A Mother-Respondent - and— B Father-Respondent J U D G M E N T Subsections 95(1) and 95(2) of the Youth Protection Act ______________________________________________________________________ [ 1 ] The Director of Youth Protection (the Director) seeks the review and extension of the order rendered on September 9, 2019, concerning X , born on [...], 2002. [ 2 ] The terms of that judgment essentially ordered that the adolescent, who is now 16 years old, be entrusted to a foster family for six months and other measures for the same period of time.

[ 3 ] On November 11, 2019, the Court provisionally entrusted the adolescent to Ms. C. [ 4 ] In this proceeding, the Director proposes that the adolescent be entrusted to Ms. C until the age of majority, along with other measures. [ 5 ] The parents are absent. The mother was duly notified; the father is in prison in the [Country A] and the Director was unable to locate him. [ 6 ] The adolescent and Ms. C, who were present at the hearing, agree with the measures sought.

Review of certain facts. [ 7 ] The adolescent is described as intelligent and resourceful, but she was exposed to various traumas during her childhood, including the conflicts between her parents. [ 8 ] Following her parents’ separation in 2011, the adolescent lived with her mother. In that home, she was exposed to neglect and physical abuse. [ 9 ] In 2011, the father obtained custody of the adolescent (Superior Court judgment). She then went to live with her father. [ 10 ] The problems surfaced in 2015.

The adolescent was exposed to conjugal violence between the father and his spouse and then had to deal with the absence of her father, who worked in the [Country A] during the week. The conflicts between the adolescent and her father led to physical altercations. [ 11 ] Following various reports, the adolescent was entrusted to her grandparents then to a foster family. [ 12 ] In 2018, the adolescent returned to her mother but the latter had some trouble managing her behaviour.

She ultimately returned to her father’s home, but he yelled and, according to the adolescent, used physical discipline. [ 13 ] The adolescent eased her suffering by self-harming and consuming drugs (cocaine and marijuana). She also verbalized that she had been sexually abused. [ 14 ] In July 2019, the adolescent was provisionally placed at the Group Home A. [ 15 ] During her stay in the group home, which was extended until September 9, the date of the last judgment, the Director noted that the adolescent had calmed down, was able to take

part in the program, accepted the suggested services, and was gaining new skills. [ 16 ] On September 9, for reasons that appear in that judgment, and because a return to the paternal family environment appeared premature, the parties agreed with the measures and the adolescent was entrusted to a foster family.

New facts since the last judgment. [ 17 ] The facts relevant to the review of the last judgment can be easily summarized: the adolescent has not had any contact with her mother, she has a conflictual relationship with her father, and she was unable to comply with the requests, expectations, and rules of the foster family. [ 18 ] In this regard, the evidence has shown that the adolescent repeatedly failed to inform the foster parents of her comings and goings or to respect curfew, she refused to provide the telephone numbers for the places she went, and marijuana was found in her room. [ 19 ] At the father’s home, it appears that she took his vehicle without permission, that she damaged it following a disagreement, and that the conflict sometimes degenerated into a physical altercation. [ 20 ] On several occasions, the adolescent was informed of the possibility that the foster family would seek her transfer if she failed to correct the situation and did not make an effort to be better behaved. [ 21 ] On November 8, the foster mother informed the Director that she had found marijuana in the adolescent’s room and was requesting her transfer.

While waiting for a hearing before the Court, the adolescent was entrusted to a rehabilitation centre. [ 22 ] On November 11, upon presentation of an application for provisional measures, the Court entrusted the adolescent to Ms. C. Ms. C is well aware of the adolescent’s needs, and the adolescent respects her. [ 23 ] At the hearing, Ms. C stated that the adolescent had been doing very well since she had moved in with her and that she was trying to fit in. She was happy to see that the adolescent was settling down and settling in and that she takes

part in family life. [ 24 ] Given the circumstances, the Director seeks to withdraw the exercise of certain attributes of parental authority from the parents and suggests that Ms. C be allowed to sign the authorizations required for various purposes. [ 25 ] The adolescent claims to be happy to be in her new foster family and would like the Court to ratify the suggestions of the Director. [ 26 ] In light of the adolescent’s experiences, the opportunity offered by Ms. C, who knows her well, and the progress of the situation since November 11, 2019, the Court will grant the conclusions sought. They are justified and in the adolescent’s interest. FOR THESE REASONS, THE COURT:

[ 27 ] GRANTS the application; [ 28 ] DECLARES that the security and the development of the adolescent X are still in danger; [ 29 ] REVISES AND EXTENDS the Court order rendered on September 9, 2019; [ 30 ] ORDERS that the adolescent be entrusted to Mrs.

C; [ 31 ] ORDERS that the contacts between the adolescent and her parents be following agreement between the parties; [ 32 ] ORDERS that a person working for an institution or body provide aide, counselling or assistance to the adolescent and her family; [ 33 ] ORDERS that the adolescent and her mother and father report in person at regular intervals to the Director of Adolescent Protection to inform her of the current situation; [ 34 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and AUTHORIZES Mrs.

C to sigh the authorizations required for medical, school, recreational, extra-curricular or travel purposes, including the application for a passport, driving lessons and driver’s licence; [ 35 ] ORDERS that the adolescent continue to meet on a weekly basis with her support worker and follow recommendations; [ 36 ] ENTRUSTS the situation of the adolescent X to the Director of Adolescent Protection of Le Centre intégré de santé et de services sociaux A for the execution of the presents measures; [ 37 ] THE WHOLE until majority on [...], 2020. ________________________________ Nancy Moreau J.C.Q.

Mtre Marie-Christine Tropper Counsel for the DYP Mtre Jean Pierre Gaudreau Counsel for the adolescent Date of hearing: January 8, 2020 Date judgment signed: February 4 th , 2020