2019 QCCQ 12351, 2019 QCCQ 12351

Protection de la jeunesse — 192878 2019 QCCQ 12351 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 640-41-002144-183 DATE: March 22, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and X, born on [...], 2002 Youth and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (Sections 95(para. 1) and 75, Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the review of a decision under s. 95 of the Youth Protection Act , [1] rendered on October 2, 2018, by the Honourable Lucille Beauchemin, J.C.Q.

At that time, she declared that the security and development of the adolescent X, born on [...], 2002, were still in danger and maintained her with her parents. [ 2 ] At the hearing, the youth and the mother were present and assisted by counsel. The father was not present but was represented by the same counsel as the mother. Question: [ 3 ] Is this a situation where the youth cannot be kept within the family? [ 4 ] The parents are very responsible, have no issue with alcohol, drugs or violence, work, have a normal live and really care for their daughter. [ 5 ] The youth witnessed the death of her cousin.

Since then, she has been in crisis. Her grieving is very difficult, but things have been getting much better lately. [ 6 ] The family never received the services of an external educator as ordered by the Honourable Lucille Beauchemin. [ 7 ] The youth wishes to attend school but there is no teacher at the rehabilitation centre. [ 8 ] With services, the parents are capable of managing the situation. They know the different services available and where to turn in a crisis. This is not a situation where the Court has to remove the youth from the parents’ home.

FOR THESE REASONS, THE COURT: [ 9 ] GRANTS this application in part ; [ 10 ] REVIEWS the decision or order rendered on October 2, 2018;

[ 11 ] DECLARES that the security and development of X, born on [...], 2002, are still in danger; [ 12 ] MAINTAINS the youth with her parents; [ 13 ] ORDERS the youth and the youth’s parents to take an active

part in the application of any of the measures ordered by the Court; [ 14 ] ORDERS the youth and the youth’s parents to report in person, at regular intervals, to the Director to inform him of the current situation until her majority; [ 15 ] ORDERS that the youth attend school or another place of learning or participate in a program geared to developing skills and autonomy; [ 16 ] ORDERS that the youth and the youth’s parents receive the services of an external educator for the period deemed necessary by the professional; [ 17 ] ORDERS that the youth receive the services of a psychologist for the period deemed necessary by the professional; [ 18 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family until [...], 2020; [ 19 ] ORDER the execution of the present judgment by any peace officer; [ 20 ] ENTRUSTS the situation of the youth, X, to the Director of Youth Protection A, who shall then see that the measures are carried out.

THE WHOLE UNTIL [...], 2020. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Sarah Bourgeois-Lessard Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the youth Mtre Angèle Tommasel Counsel for the parents Date of hearing: March 22, 2019