2016 QCCQ 13920, 2016 QCCQ 13920

Protection de la jeunesse — 166283 2016 QCCQ 13920 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No. 610-41-000696-153 DATE: September 1, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2001 [SOCIAL WORKER 1], in her capacity as person authorized by the Director of Youth Protection of the Centre integré de santé et de services sociaux, having a place of business at [...] in Town A, district A, [...] Applicant and A, domiciled and residing at [...] in Town B, district B, [...] Party ______________________________________________________________________ JUDGMENT (sections 95 (1 and 2) and 75 of the Youth Protection Act ) ______________________________________________________________________ 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 filed an application for the review of a decision rendered by the Honourable Nancy McKenna J.C.Q., by which the adolescent was entrusted to a rehabilitation centre until August 31, 2016. The Director is now asking that the adolescent be entrusted to her paternal grandmother, B. [ 2 ] A, who had the status of party pursuant to

section 81, third paragraph, of the Youth Protection Act , has now been declared the adolescent’s father by a court judgment. He was absent at the hearing, although he was notified. The applicant spoke with him and he explained he could not find a vehicle for his transportation. He however informed the applicant of his consent to the Director’s recommendations. [ 3 ] The adolescent was present and represented by a lawyer. She admited that her security and development remain in danger and she agreed with the recommendations sought by the Director of Youth Protection.

THE FACTS AND DECISION [ 4 ] X was entrusted to the rehabilitation centre in April 2016. She ran away two times at the beginning of her stay. She rapidly understood the importance of getting involved in her rehabilitation process. [ 5 ] According to the report prepared by Gilles Bélanger from the rehabilitation centre, the adolescent offered a good collaboration. She participated very well in the activities even if she had a language barrier. Mr.

Bélanger recommended that X be entrusted to her grandmother and receive follow-up at home with social services in order to continue her work. [ 6 ] The grandmother is a significant person for X. She agrees to have X with her. She is aware of her difficulties and the necessity for her to receive help in order to deal with her emotions, especially her mother’s death. [ 7 ] The grandmother has worked as a teacher for numerous years in Town B. She is able to provide the adolescent with a structured and warm environment.

Her testimony convinces the Court that she will be able to protect her granddaughter from her son, A, if he is under the influence of alcohol, and from his aggressive behaviour. Ms. B did not hesitate in the past to call the police and

denounce her son’s behaviour. [ 8 ] The Court agrees to follow the Director’s recommendations considering the capacity of the grandmother to meet the needs of X and the support she will offer her to receive services from the Youth Protection in Town B.

FOR THOSE REASONS, THE COURT: [ 9 ] GRANTS the application; [ 10 ] MAINTAINS that the situation of X, born on [...], 2001, is still in danger, as declared in the last judgment; [ 11 ] ENTRUSTS the adolescent to her grandmother, B, in Town B, for a period of 12 months; [ 12 ] ORDERS that contact between the adolescent and A be supervised by the Director as to its frequency and terms; [ 13 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the adolescent and her family for a period of 12 months; [ 14 ] ORDERS that the adolescent receive specific health care services, notably services from a psychotherapist, as long as deemed necessary by the professionals; [ 15 ] ORDERS that A actively participate in the measures to end the situation; [ 16 ] ORDERS that the father, A, remain sober while in the adolescent’s presence; [ 17 ] ORDERS that the father, A, take the necessary measures to ensure that the adolescent is not in the presence of intoxicated persons; [ 18 ] TAKES NOTICE of the consent of the adolescent that the professionals who will follow her share the information with the Director of Youth Protection regarding the attendance, the goal and the recommendations of the professionals; [ 19 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection for the execution of the present order. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Daniel Ouellette For the child Mtre. Julie Lemire For the applicant Date of hearing: August 2, 2016