2022 QCCQ 12672, 2022 QCCQ 12672
Opinion
Protection de la jeunesse — 225817 2022 QCCQ 12672 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000552-217 DATE: October 11, 2022 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2007 Adolescent and A B (Deceased) 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 9.2 and 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to revise and extend a judgment rendered in June of 2022, entrusting the adolescent to her grandmother and ordering the application of protective measures. [ 2 ] The DYP recommends that the adolescent remain with her grandmother with a follow-up until June of next year. [ 3 ] Both the adolescent and her mother admit most of the alleged situation and agree with the conclusions of the application. [ 4 ] At the end of the hearing, the Court renders an oral judgment and grants the application.
Here are the reasons supporting that decision. [ 5 ] The relationship between the adolescent and her mother has greatly improved. They spend more time together, and the youth does not babysit her siblings anymore. [ 6 ] The adolescent does not visit her former stepfather anymore. [ 7 ] Both the adolescent and her grandmother benefit from weekly meetings with a specialized educator, in regard to structure to put in place and the youth’s behaviour. They participate in that follow-up. The adolescent’s attitude toward the specialized educator is better than it used to be.
The grandmother still needs support with the application of rules and consequences. [ 8 ] Although the adolescent and her grandmother meet and discuss with workers, the social worker still notices a lack of transparency. [ 9 ] The adolescent did not resume her psychological follow-up, even though she said she would. [ 10 ] The adolescent met with a child psychiatrist. She is diagnosed with anxiety disorder characterized by social phobia and obsessive-compulsive disorder. [ 11 ] The youth remains vulnerable, as a consequence of her traumatic past.
She needs a stable, predictable and conflict-free environment where adults can meet her needs. [ 12 ] The situation improves, but is still fragile. Therefore, the application of protective measures must be extended.
FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 13 ] GRANTS the application for revision and extension of order; [ 14 ] DECLARES that the security and development of X are still considered to be in danger according to
section 38 of the youth protection act ; [ 15 ] REVISES AND EXTENDS the Court order rendered on June 23, 2022; [ 16 ] ORDERS that the adolescent remain entrusted to the kinship foster family of her paternal grandmother, Ms. C; [ 17 ] ORDERS that contact between the adolescent and her mother be determined following an agreement between the parties; [ 18 ] ORDERS that contact between the adolescent and Mr.
D be determined following an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 19 ] ORDERS that the adolescent attend school assiduously; [ 20 ] ORDERS that the mother periodically report to the DYP on the measures she applies on her own regards or in her child’s regards to put an end to the situation which endangers her child’s security and development; [ 21 ] ORDERS that the adolescent and her family receive services from an external educator as long as deemed necessary by the DYP; [ 22 ] RECOMMENDS that the adolescent submit herself to random drug tests; [ 23 ] RECOMMENDS that the adolescent receive the health care and social services required for her condition, namely a psychological and a pedopsychiatric follow-up; [ 24 ] FORBIDS the mother from exposing the adolescent to any form of violence; [ 25 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and her family until June 30, 2023; [ 26 ] 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. __________________________________________ JANICK POIRIER, J.C.Q.
Me Mylène Pelletier-Rivet for the applicant Me Jules Grenier for the adolescent Ms. A the mother Written judgment filed on October 12, 2022
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