2020 QCCQ 14418, 2020 QCCQ 14418

Protection de la jeunesse — 2010124 2020 QCCQ 14418 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 614-41-000435-190 DATE: December 10, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection A Applicant and X (Born on [...], 2007) Youth and A Mother and B Father _____________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 submits an application asking the Court to extend a previous judgment dated June 19, 2020, which was ordering the placement of X in a foster family for a six-month-period as well as aid, counselling and assistance. [ 2 ] At the hearing, X is present and represented by Mtre. Cassandra Neptune. Mtre. Marie-Josée Ayoub acts on behalf of the mother and Mtre. Michel Grenier on behalf of the father. Mtre.

Magdalena Lempicka represents the applicant. [ 3 ] The Director of Youth Protection asks the Court to dispense notification to the mother given that the fact that when she was reached by the Social Worker, she refused to disclose her location. [ 4 ] The Director of Youth Protection obtained an authorization to serve the mother by Messenger, but it is not sure that she opened the message. She was not present at the last Court hearing.

She is aware that the situation of her daughter will be brought to court somewhere in December given the fact that the placement ordered last June was only for a six-month-period. [ 5 ] Both counsels, Mtre. Grenier and Mtre.

Neptune agree with the motion presented by the Director of Youth Protection for a dispensation of notification and to proceed in the mother’s absence. [ 6 ] Given the lack of collaboration and involvement of the mother, the Court agrees to grant a dispensation of notification of the application. [ 7 ] The Court also agrees to proceed without the presence of the mother as she does not collaborate with the social follow-up and is minimally involved with her daughter having contacts via Facetime every once in a while. [ 8 ] The father is present and accompanied by two police officers as he is currently detained at the A police station.

He was brought to court by police officers. [ 9 ] The father admits all of the allegations of the application and is in agreement with the recommendations made by the Director of the Youth Protection regarding his daughter. [ 10 ] Most of the allegations are also admitted by X. She admits that in her former foster home she was coming in late and going straight to her room. She had less and less interaction with the members of the foster family. At one point, the foster parents asked for her transfer. [ 11 ] X was then placed at the foster home of a paternal aunt and has been doing well since then.

She respects the foster home rules. She seems to be happy to live there, spends a lot of time with the members of the foster family, especially her cousin who is of the same age.

[ 12 ] She has contacts with her mother from time to time. The father, living in the same community, is more involved in the situation of X. [ 13 ] The Court hopes that the situation of X continues to improve and that it is not just a honeymoon with the new foster family. [ 14 ] X is doing well at school and she has real potential so it is important that she continues to attend school regularly in order to prepare her future. [ 15 ] A new life plan should be prepared for X as the situation of the family has been known for many years now.

X has the right to have a stable place where to live with continuity of services. [ 16 ] So, the next twelve months should be used to elaborate a well-thought-out life plan for X.

FOR THESE MOTIVES, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and the development of X born on [...], 2007, are still endangered ; [ 19 ] ORDERS the placement of the youth in the foster family for a period of twelve months ; [ 20 ] ORDERS that the contacts between the youth and her parents be supervised by the Director of Youth Protection in terms of frequency, modalities, and degree of supervision ; [ 21 ] ORDERS the parents to be and remain sober when in presence of X and not to put her in presence of people under the influence of intoxicating substances; [ 22 ] ORDERS that aid, counselling and assistance be provided to the youth and her family for a period of twelve months ; [ 23 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q .

Mtre. Magdalena Lempicka Ferreira Lempicka attorneys Attorney for the applicant Mtre. Cassandra Neptune Centre Communautaire Juridique A Attorney for the youth Mtre. Marie-Josée Ayoub Ayoub Avocats Inc Attorney for the mother Mtre. Michel Grenier, Avocat, Town B Attorney for the father Date of hearing: December 10, 2020