2020 QCCQ 9471, 2020 QCCQ 9471

Protection de la jeunesse — 207136 2020 QCCQ 9471 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] «Youth Division»

No: 550-41-003468-19 4 DATE: September 23, 2020 RECTIFIED December 21, 2020 (file number – page 1) _____________________________________________________________________ PRESIDING: THE HONOURABLE SYLVAIN MEUNIER, J.C.Q. [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection Applicant And X Adolescent, born [...], 2005 And A In their capacity as mother RECTIFIED JUDGMENT _____________________________________________________________________ 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 is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ).

Summary [ 1 ] The X review was held in the concurrent [District A] in the town A. [ 2 ] As in the July 31, 2019, decision, the Tribunal found that the teenager’s situation is still compromised because her parents do not in fact provide her with the care and education she needs. [ 3 ] However, since this decision, which once again entrusts the teenager to the care of her maternal grandmother, the teenager has been there since 2016, two main observations emerge, namely that the teenager is developing in her grandmother’s home and the parents are still not involved in her life. [ 4 ] On this last point, the social worker does not know where the mother lives and the father has never been involved in the adolescent’s life since her birth. [ 5 ] The maternal grandmother is present in the courtroom and wishes to continue her involvement with her granddaughter. [ 6 ] As for the teenager, it came as no surprise when the court learned that she wanted to stay with her grandmother.

DECISION [ 7 ] Therefore, the Court is asked to order the placement of the teenager with her maternal grandmother until she reaches the age of majority and all the criteria for doing so are present. [ 8 ] The Court will, consequently, order this placement because it is in the best interest of the adolescent. [ 9 ] In these circumstances, and after considering the evidence submitted, the Tribunal has no hesitation in declaring the adolescent’s security and development, still compromised, on the grounds that she is at serious risk of neglect from her mother as well as living in a situation of abandonment by her parents, and in granting the protective measures that, according to the evidence and the agreement between the parties present, are appropriate to her needs. [ 10 ] The demand is well-founded, is in the interest of the adolescent and respects her rights. [ 11 ] THEREFORE THE COURT :

[ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and the development of the adolescent still compromised; [ 14 ] EXTENDS the decision rendered on July 31, 2019; [ 15 ] ORDERS the execution of the following protective measures:

a) That the adolescent be entrusted to proximity foster family of Mrs. B, maternal grandmother, until her majority;

b) That a person authorized by the Director of Youth Protection provide aid, counsel and assistance to the children and her family until her majority ;

c) That the adolescent receives the care and services required by her situation it needed;

d) That the mother participate actively in the elaboration and the application of the intervention plan;

e) That the mother report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their adolescent’s regard to put an end to the situation in which the security or development of the adolescent is in danger;

f) That the contact between the adolescent and her mother be according to an agreement between the parties, taking into account the adolescent’s;

g) That the contact between the adolescent and Mrs. C, maternal aunt, be according to an agreement between the parties, taking into account the adolescent’s GIVEN that the Tribunal must be entered by the applicant whenever there is a disagreement between the parties as to the contacts, the Director of Youth Protection is responsible for the implementation of this [ 16 ] WITHDRAW from the mother of certain attributes of parental authority regarding the ability of giving medical authorization, social authorizations and school authorization; [ 17 ] GRANT Mrs.

B, maternal grandmother, the exercise of those attributes of parental authority; [ 18 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ SYLVAIN MEUNIER, J.Q.C. Me Kevin Dupéré Counsel for the Director of Youth Protection Me Marc Doyon Counsel for the adolescent Mrs. A Mother Date of hearing: September 23, 2020