2020 QCCQ 6330, 2020 QCCQ 6330
Opinion
Protection de la jeunesse — 205824 2020 QCCQ 6330 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005850-188 DATE: August 7, 2020 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...] 2003 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.
A B (deceased) Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 seeks the revision and extension of a court decision dated February 19, 2019, concerning the adolescent X.
While confirming an ongoing risk of instability, said judgment authorizes the return of the adolescent in her maternal environment with the application of various protective measures for a further 6 months. [ 2 ] The parties agree that the situation has evolved positively but that the continuation of a follow-up remains necessary for another 9 months. [ 3 ] Analysis and decision [ 4 ] The youth continues to reside with her mother.
Their relationship improves, although communication can still be difficult and an undercurrent of unresolved tensions still punctuates their relationship and can lead to conflicts. [ 5 ] X names not being completely comfortable at home and to having difficulties communicating her feelings to her mother. [ 6 ] On a personal level, she is able to generally maintain her equilibrium. She has positive plans for her future and both her and her mother are proactive in working towards her autonomy. She is currently registered for adult education in September and plans to integrate an apartment.
She is also looking for employment. [ 7 ] X is able to recognize having to reduce her drug use (marijuana) and her mother is encouraging her in this process. [ 8 ] The fragility of X’s situation justifies the pursuit of protective measures, especially in view of the expected changes in her situation. The orientation sought not only is in the adolescent’s best interests but also reflects her wishes and that of her mother. The Court endorses the application.
FOR ALL THESE REASONS, THE COURT: [ 9 ] GRANTS the application for revision and extension of a Court decision; [ 10 ] DECLARES the security and the development of the adolescent still in danger; [ 11 ] REVISES and EXTENDS the Court order rendered on February 19, 2020 in the present file; [ 12 ] MAINTAINS the adolescent in her maternal environment;
[ 13 ] TAKES ACT that the eventual goal is that she integrates autonomous living; [ 14 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures they apply in her own regard or that of her child to put an end at the situation in which the security or development of the adolescent is in danger; [ 15 ] ORDERS that the adolescent and her mother take an active
part in application of the measures ordered, in particular that the adolescent actively participate in the intervention plan designed to promote the development of her autonomy; [ 16 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 17 ] ALL THESE MEASURES for 9 months; [ 18 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Alexandre Germain Attorney for the Applicant Me Karine P.
Poissant Attorney for the adolescent Date of hearing: August 7, 2020 Date of signature: September 4, 2020
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