2017 QCCQ 13530, 2017 QCCQ 13530

Protection de la jeunesse — 175955 2017 QCCQ 13530 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] N° : 750-41-002617-151 DATE : September 11, 2017 ______________________________________________________________________ IN THE PRESENCE OF THE HONORABLE LYNE MORIN ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X , born on [...], 2001 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T Article 95 (1) and (2) of the Youth Protection Act ______________________________________________________________________ JM2505 CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified.

Whosoever contravenes this

article is guilty of an offence and is liable to a fine [ articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection (the Director) presents an Application for Revision and Extension of a Court Decision rendered on September 16, 2016. [ 2 ] Following said decision, the Court ordered that the child be entrusted to an institution operating a rehabilitation center for a period of one year.

Court also ordered that the child and the family receive aid, counsel and assistance for the same period and that the child receive care and health services, namely a psychological, a psychiatrist and a nutritionist follow-up. [ 3 ] The Director requests to extend the Court order for a period of one year. [ 4 ] The parents and the child agree with the measures sought by the Director. [ 5 ] Since the last Court order, the child has been living at the group home “ A ”. She has been there since February 2016. [ 6 ] X evolves positively in her group home and responds well to the interventions of the educators.

She is in secondary 5. [ 7 ] The child appreciates her stay at the group home and doesn’t plan to return home for the moment. The relationship with her mother is still fragile. [ 8 ] X continues to visit her parents regularly mostly when her father is at home, usually every three weeks. The father works in the United States. [ 9 ] The child continues her follow-ups in psychiatry and psychology. The anorexia problem no longer seems present. Therefore the nutrition follow-up has been put on hold. There has been no relapse in connection with her eating disorder. The group home no longer has to adjust its menu.

[ 10 ] The child has been placed in a rehabilitation center for more than two years now. The objective of the placement is to offer X a secure and predictable structure where she can attend her medical follow-ups. [ 11 ] To answer her needs for stability, predictability, coherence and constancy, it was agreed by all the parties that all decisions which concern her will go through by the Director, in order to reduce the possibilities for triangulation and confusion. [ 12 ] This agreement has been crucial for the improvement of the situation.

The group home observes that her dark ideas and anxiety have diminished a lot. [ 13 ] The group home also gives the child the opportunity to work on her autonomy. X has to focus more on her responsibilities as an adolescent. [ 14 ] The evidence reveals that the mother has progressed in her capacity to identify her limits as to her answer to the needs of her daughter. The mother has called more often on the educator in order to validate her decisions or to obtain advice. [ 15 ] The relationship between the child and her father is positive.

When the father is home, he tends to devote himself entirely to his daughter by doing some activities. [ 16 ] The contacts between the child and her parents will be following agreement between the parties, taking into account the desire of the child. [ 17 ] A reintegration in the home would be premature at this time. The option of entrusting the child to a member of the extended family or to her sisters has been discarded by the parents. [ 18 ] X wants to complete her secondary school and then to live in a student residence the following year when she goes to [College A].

Her parents agree with her project. [ 19 ] Given the admissions and the content of the report, the Court is satisfied with the evidence adduced regarding the allegations. The measures proposed are in the best interests of the child.

FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and the development of the child are still in danger; [ 22 ] EXTENDS and REVISES the Court order rendered on September 16, 2016; [ 23 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by Director of Youth Protection A; [ 24 ] TAKES ACT that the child resides at the group home “ A ”; [ 25 ] ORDERS that the contacts between the child and her parents be following agreement between the parties; [ 26 ] ORDERS that the child and her parents takes an active

part in the application of the measures ordered; [ 27 ] ORDERS that a person working for an institution or body provide aid, counsel or assistance to the child and her family; [ 28 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the judgment; [ 29 ] THE WHOLE for a period of one year. __________________________________ Lyne Morin , J.C.Q. Me Véronique Crête Attorney for the Director Me Marc-André Leblanc Attorney for the child Date of hearing : September 11, 2017