2021 QCCQ 4771, 2021 QCCQ 4771

Protection de la jeunesse — 212456 2021 QCCQ 4771 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000547-217 DATE: April 26, 2021 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2004 Adolescent and A (Deceased) and B Parents/Respondents ______________________________________________________________________ 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 adolescent cannot rely on any parental support. Her mother passed away last summer. Until then, the adolescent had always lived with her. The father does not play any

part in the adolescent’s daily life. They had very few contact over time. The father would be incarcerated. The director of youth protection (DYP) undertook steps to locate him, to no avail. [ 2 ] The DYP submits that the adolescent’s security or development is in danger following

section 38a) of the Youth Protection Act, namely because she suffers from abandonment. The DYP recommends that protective measures be ordered, notably entrusting the adolescent to a kinship foster family. [ 3 ] The adolescent, through her counsel’s voice, agrees with the DYP. [ 4 ] At the end of the hearing, the Court renders judgment orally and grants the application. Here are reasons supporting that decision. [ 5 ] Following the mother’s decease, the adolescent lives with her older brother, her sister-in-law, their children, the children’s grandmother and the youth’s two other brothers.

The apartment is obviously crowded as the adolescent must share a bedroom with her two nieces as well as their grandmother. The adolescent does not have any privacy in that environment. Moreover, the adolescent must take care of her two nieces in the morning and on weekends. She is also in charge of the laundry for the entire family. [ 6 ] That challenging situation causes the adolescent a great deal of anxiety and stress. She lacks time and space to study and in consequence her school marks are dropping.

She also develops difficulties sleeping and eating. [ 7 ] A couple of weeks ago, the adolescent is entrusted to a friend’s parents, on a provisional basis. She feels better there. However, the relationship with her friend deteriorates and the youth cannot remain there much longer. [ 8 ] Fortunately, a teacher at the adolescent’s school is willing to become her foster family. The adolescent likes her and feels she can trust her. That teacher and her husband wish to take care of the adolescent and guide her toward adulthood. [ 9 ] The adolescent shows much strength through multiple obstacles.

She usually achieves in school and her behaviour is good. She wants to graduate next year and move away to college. One can hope that with support from the foster family and professional help, the adolescent will be able to reach her goal.

[ 10 ] The evidence convinces the Court that the application is well founded. The recommended measures appear to meet the adolescent’s best interest. FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application for protection; [ 12 ] DECLARES that the security and development of X are considered to be in danger according to

section 38a) of the youth protection act ; [ 13 ] ORDERS that the adolescent be entrusted to the kinship foster family of Ms. C and Mr.

D; [ 14 ] AUTHORIZES that the integration into the foster family take place progressively within one week; [ 15 ] WITHDRAWS from the father the exercise of parental authority regarding medical authorizations, school authorizations, social authorizations, authorizations for a driving license, passport application and AUTHORIZES the DYP to sign in his place; [ 16 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and her family until April 30, 2022; [ 17 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment; [ 18 ] ORDERS that the persons to whom this order applies comply with same. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Isabelle Gagnon for the adolescent Mr. B the father (absent) Written judgment filed on April 27, 2021