2020 QCCQ 7294, 2020 QCCQ 7294
Opinion
Protection de la jeunesse — 206125 2020 QCCQ 7294 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-001057-204 DATE: August 25 th 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2005 Youth [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (
Section 38 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 submits that the security and development of the youth, X, are in danger. [ 2 ] The Court proceeds through visioconference on August 25 th 2020. [ 3 ] The youth, represented by a lawyer, admits some of the alleged facts and accepts the proposed measures. [ 4 ] The parents testified. They both admit some of the alleged facts and accept the intervention as proposed by the Director. [ 5 ] The youth is now 14 years old. She lives with her parents.
She cannot cope with all the rules at home and does not respect the curfews. She admits that she had suicidal ideations in the past, but not anymore. [ 6 ] She was sexually abused on January 24 th 2020 by three men. [ 7 ] She says that she used to consume alcohol but no longer does. She consumes marijuana. [ 8 ] The parents are aware of their child’s situation and care very much for her.
They accept and ask for the help of the Director. [ 9 ] The mother was very emotional when she told the Court that her child was very upset years ago when her best friend was removed from her family. [ 10 ] The Court informs the parents that the main objective of the Youth Protection Act is to protect and help the child and the family and to maintain the children with their family as a first solution. [ 11 ] The youth is in need of protection and her family is very motivated to receive services and to collaborate with the Director. FOR ALL THESE REASONS, THE COURT:
[ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of the youth, X, are in danger; [ 14 ] ORDERS that the youth be maintained with the parents; [ 15 ] ORDERS that youth and the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the children’s regard to put an end to the situation of compromission; [ 16 ] ORDERS that the youth receive all healthcare and health services required by her situation, notably regarding suicidal ideations and the fact that she was sexually abused; [ 17 ] ORDERS that the youth and the parents take an active
part in the application of the measures; [ 18 ] ORDERS that the youth seek help through social services for her personal issues; [ 19 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the youth and the family; [ 20 ] ENTRUSTS the situation of the youth, X, to the Director of Youth Protection for the execution of the measures; [ 21 ] ORDERS the police to collaborate to the execution of the enactment; [ 22 ] THE WHOLE until June 30 th 2021. __________________________________ JEAN GRAVEL, J.Q.C. Mtre Genevieve Appolon, Attorney for the applicant Mtre Andrew Smith Gregoire, Attorney for the youth
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