2021 QCCQ 14788, 2021 QCCQ 14788

Protection de la jeunesse — 218533 2021 QCCQ 14788 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N o : 455-41-001344-209 DATE: October 21, 2021 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2005 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A Child’s mother -and- B Child’s father ______________________________________________________________________ JUDGMENT [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.).

Introduction [ 1 ] The Director is requesting for the revision of the Court order rendered on April 8, 2021. [ 2 ] By this order, the Tribunal declared the security and development of the youth X still in danger on the grounds of psychological ill-treatment. [ 3 ] As protective measures, the Court entrusted the youth to her parents according to the custody agreement, ordered various other measures and a social follow-up for a period of nine months. [ 4 ] Today, the Director considers that the security and the development of the youth are still in danger for the same motive. [ 5 ] Because of the new facts alleged, the Director recommends revising the protective measures so that the Court entrust X to Mrs.

C, authorize contacts with her parents, upon agreement between the parties, and to order various other measures including a social follow-up for a period of one year. [ 6 ] At the hearing on October 21, 2021, both parents are absent. Only the father is represented. His lawyer mentions he agrees with the recommendations. [ 7 ] The youth’s lawyer also agrees with the recommended measures. Evolution of the situation

[ 8 ] X is now fifteen years old and was living with her mother. [ 9 ] From May 20 th to May 28 th , 2021, the youth lived with her significant other’s parent and with her sisters, Y and Z. [ 10 ] Since May 28th, 2021, X is living with her paternal grandmother. [ 11 ] The relationship between the mother and the youth is conflictual. Those conflicts increased in the last months.

They are often in verbal quarrels. [ 12 ] The youth states that her mother is involved in the distribution of illegal substances. [ 13 ] Also, X had to intervene during arguments between the mother and her spouse. [ 14 ] In June 2021, since X refused to live with her mother or her father, the Director seized the Court. [ 15 ] The youth was stating that she no longer wanted to live with her mother and her spouse as they were fighting all the time.

She also mentioned that she felt scared and uncomfortable. [ 16 ] She is also witness as she hears her mother and spouse having intercourse and feels quite uncomfortable. She mentioned it to her mother who did not change her behaviour. [ 17 ] The paternal grandmother agreed to take X at her home. [ 18 ] On June 15 th 2021, the Tribunal entrusted the youth to her paternal grandmother while authorizing contacts with her parents. [ 19 ] This placement only lasted for the summer. In September 2021, X said she did not wish to live with her grandmother anymore and asked to be entrusted to Mrs.

C who is a friend of the family. In fact her children are the friends of the youth and her sisters. [ 20 ] Since she has integrated the home of Mrs. C, X has expressed great contentment about her placement. [ 21 ] She mentions that her needs are now met including preparations for school, lunches and a calm family home where she feels safe and welcome. [ 22 ] The mother neglected to authorize this change of entrusted and no longer collaborated with the Director. [ 23 ] On September 28 th , 2021, the Court entrusted the youth to Mrs.

C on a provisional basis. [ 24 ] The relationship between the youth and her mother is strained and X no longer wishes to make an effort as she sees her mother not respecting her needs. [ 25 ] The Director will have to work with the youth and the mother to repair the relationship. The youth has expressed that she will not engage in such steps if the mother does not leave her spouse, forcing her mother to choose. [ 26 ] The father is a concerned and collaborative parent.

Nonetheless, he demonstrates a certain lack of consistency and persistency. [ 27 ] X’s relationship with her father is rather superficial. [ 28 ] The stronger relationships in the family are between the youth and her sisters. She is close to them and is able to count on them for support and comfort. [ 29 ] Having read the report and heard the mother’s testimony, the Court finds that the evolution of the situation gives way to the recommended measures.

FOR ALL THESE MOTIVES THE COURT: GRANTS the present application; DECLARES that the security and development of the youth X are still in danger on the grounds of psychological ill-treatment; REVISES the Court order rendered on April 8, 2021 in the present file; ENTRUSTS the youth X to Mrs. C; TAKES JUDICIAL NOTICE of the Director of Youth Protection’s intention to assess Mrs.

C in conformity with the Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements, and amending various legislative provisions; ORDERS following a positive assessment of Mrs. C’s environment, that the youth be entrusted to the foster family of Mrs.

C for the duration of the Court order; AUTHORIZES, in the youth’s favour, contacts with her parents, upon agreement between the parties; ORDERS that the youth’s parents report periodically to the Director of Youth Protection on the measures they apply to themselves or their child to end the situations of endangerment;

ORDERS that the youth’s parents take an active and honest part to the application of any of the measures ordered by the Court, to the elaboration of the intervention plan and to the psychosocial follow-up, in order to put an end to the situation of endangerment; ORDERS that a person working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the youth and her family for a period of one (1) year; ENTRUSTS the situation of the youth X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

M e Pascale Gauthier Counsel for the DYP M e Ysabelle Proulx Counsel for the youth M e Érica Gosselin Counsel for the father Deposited exhibits: D-5 and D-6