2019 QCCQ 9748, 2019 QCCQ 9748

Protection de la jeunesse — 199376 2019 QCCQ 9748 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 555-41-000023-116 DATE: November 19 th , 2019 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X Adolescent A B In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 95 and 75, 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 Court is seized of a motion under

section 95 of the Youth Protection Act, whereby the Director of Youth Protection is seeking the revision of the decision rendered by this Court on May 2 nd , 2018 in relation to the situation of X, aged 17. [ 2 ] On that date, the Court declared that the security and development of the adolescent remained endangered and ordered a number of protective measures until she reaches the age of majority, including: that she be entrusted to the proximity foster family of her maternal grandfather, Mrs.

C; that contacts with her mother be determined by agreement between the parties on the condition that the mother first meet with the social practitioner; that contacts with her father be suspended; that the exercise of certain attributes of parental authority be withdrawn from the parents and entrusted to the Director. [ 3 ] The Director is seeking the revision of some of these protective measures on the basis that the maternal grandfather is no longer in a position to respond to the adolescent’s needs and has asked that she be entrusted to another milieu.

More specifically, the Director recommends that X be entrusted to Mrs. D and that previously ordered measures be maintained. [ 4 ] X is present and represented by counsel. She admits all of the facts alleged in support of the motion and agrees with the Director’s recommendations except as it relates to contacts with her father, with whom she would like to have phone contacts. The father, who lives in [Province A], is neither present nor represented by counsel; he has previously indicated his wish to have contacts with X. The mother is absent.

Her counsel informs the Court that she acknowledges all of the facts and, having confirmed with the social practitioner that a calendar of visits is in the making, agrees with the Director’s recommendations. [ 5 ] The evidence reveals that X’s relationship with her grandfather and his spouse has degraded over the course of the last year. Mr. C struggles in terms of guiding the adolescent in her quest for autonomy, which leads to tensions between them. Following a request from Mr. C that X be removed from under his care and given the impossibility of a return to her parents, the adolescent was entrusted to Mrs.

D in October 2019. [ 6 ] Mrs. D has known X since March break 2019 through her son’s social circle and she has integrated very well in her new environment. Mrs. D is aware of X’s particular needs (ADHD, need for a structured environment) and she is willing and able to take care of X until she turns 18. It is evident from their testimony that they are getting along very well and have already developed a significant bond. [ 7 ] X wishes to maintain regular contacts with her mother, although she expresses the need to spend some time alone with her, rather than in the presence of her siblings.

[ 8 ] As to the father, is currently lives in [Province A] and has not seen X since she was four months old. Despite the suspension of contacts, the father recently sent a gift to his daughter and provided her with his phone number. Being curious about her father, X reached out to him once around Labour Day 2019. She said the call went well and she would like to be able to speak to him on the phone again so that she can get to know him better. [ 9 ] Although the Director is wary of the situation, the evidence does not reveal the necessity to maintain a complete suspension of contacts.

X is 17 and it is only natural that she would like to know more about her origins. X makes it clear that she does not wish to have physical contacts with her father.

Given that the father is not present, the Director will need to reach out to him prior to resuming phone contacts, so that he can clarify his intentions. [ 10 ] THEREFORE THE COURT : [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and the development of the adolescent remain endangered; [ 13 ] REVISES the decision rendered on May 2 nd , 2018, by the Honourable Line Gosselin; [ 14 ] ORDERS the implementation of the following protective measures until June 18 th , 2020:

a) That the adolescent be entrusted Mrs. D; TAKING NOTICE that Mrs. D is currently being evaluated as a proximity foster family and, in the event that the evaluation is positive, ENTRUSTS the adolescent to the proximity foster family of Mrs. D;

b) That contacts between X and her mother be established by agreement between X, her mother and the social worker;

c) That physical contacts between X and her father be suspended;

d) That phone contacts between X and her father be established by agreement between X, her father and the social worker, with the understanding that the social worker will speak with the father in order to clarify his intentions prior to resuming the phone calls;

e) That a person authorised by the Director of Youth Protection provide aid, counsel and assistance to the adolescent and her family; [ 15 ] WITHDRAWS from the parents the exercise of the attributes of parental authority regarding the ability of giving medical authorizations, social authorizations, school authorizations, authorizations to obtain a passport, authorizations to travel and authorizations for taking the driver’s education courses; and GRANTS such exercise to the Director of youth protection; [ 16 ] RECOMMENDS that the adolescent receive all the health care and services required by her condition, (doctor's follow-up, dentist and social worker, including in order to develop her autonomy); [ 17 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection who shall then see that the measures are carried out.

Signed on November 28, 2019. __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. Mtre. Kevin Dupéré Counsel for the Director of Youth Protection Mtre. Manon Guitard Counsel for the adolescent Mtre. Vendelin Weber Counsel for the mother Date of hearing: November 19 th , 2019.