2020 QCCQ 10143, 2020 QCCQ 10143

Protection de la jeunesse — 201845 2020 QCCQ 10143 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

N os : 614-41-000159-162 DATE: February 14, 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 [...], 2004 ADOLESCENT and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act CQRL 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 an application asking the Court to review and extend the previous judgment rendered on August 30, 2019, ordering the placement of the teenager in a rehabilitation centre for a period of six months along with other assistance measures. [ 2 ] For the hearing, the youth, who has been met by her lawyer before the hearing, is not present, but represented by Mtre. Yan Massé.

The mother is currently escorting someone in [Town A] for medical reasons, so she is not present but she mandated Mtre. Michel Grenier to act on her behalf. Mtre. Marie-Josée Ayoub represents the father and Mtre. Adelia Ferreira, the applicant. [ 3 ] The revision report is filed as testimony of the applicant. The mother and the youth admitted all of the allegations of the application. [ 4 ] The evidence reveals that since September, the behaviours of the teenager have improved a lot.

She is attending school regularly, doing sports and attended Program A to deal with her issues. [ 5 ] The Director also filed a report from the Group Home A who concluded as follows: “X showed a lot of improvement during her stay in the group home. She is motivated to attend all her classes. She has very good comments on her road sheets from her teachers. She respects her curfew and bedtime…” [ 6 ] She is described as very mature. [ 7 ] The mother on her part attended a six-week treatment in [Town B] at the end of the summer. She also joined the treatment program A for three weeks.

Her collaboration with the Director of Youth Protection is described as good. [ 8 ] For the time being, the mother does not have a house of her own and resides at her boyfriend’s mother’s home. [ 9 ] She exercises access rights regularly. [ 10 ] As for the father, his situation remains unstable, being in and out of prison.

The last information in his regard is that he left his treatment centre in [Town C], where he was from November to the beginning of February. [ 11 ] All the parties agree with the recommendations made by the Director of Youth Protection which are that X be placed in a foster home for a period of six months with reintegration to her mother’s care as soon as she finds a stable place. The recommendations are

adequate and in the best interest of X.

FOR THESE MOTIVES, THE COURT; [ 12 ] GRANTS the application; [ 13 ] MAINTAINS that the security and the development of X, born on [...], 2004, are still endangered; [ 14 ] ORDERS the placement of the adolescent in a foster family, for a period of 6 months with reintegration with her mother as soon as the mother has found a suitable home; [ 15 ] ORDERS that the mother be and remain sober when in presence of X; [ 16 ] ORDERS that the mother seek help to maintain her sobriety; [ 17 ] ORDERS that the mother seek help to find a stable home in view of the reintegration of the adolescent; [ 18 ] ORDERS the adolescent to attend school on a regular basis; [ 19 ] ORDERS the parents to collaborate with the Director of Youth Protection; [ 20 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the evolution of their situation; [ 21 ] ORDERS that the father seek help for is personal issues and substances abuse related problems; [ 22 ] ORDERS that access rights between the adolescent and her mother be encouraged and supervised by the Director Youth Protection as for the modalities and the frequency; ORDERS that access rights between the father and X be supervised by the Director Youth Protection as for the modalities and the frequency and that they be established in the best interest of the youth, after having consulted her; [ 23 ] ORDERS aid, counselling and assistance be provided to the adolescent and the family for a period of one year; [ 24 ] ENTRUSTS the situation of LX to the Director of Youth Protection A who shall then see that the measures are carried out.

Signed in [Town E] on April 6, 2020 ________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Adelia Ferreira Ferreira, Lempicka, Attorneys Attorney for the applicant Mtre. Yan Massé Centre communautaire juridique A Attorney for the adolescent Mtre. Michel Grenier Michel Grenier, Avocat – [Town D] Attorney for the mother Mtre. Marie-Josée Ayoub Ayoub Avocats inc – [Town A] Attorney for the father Date of hearing: February 14, 2020