2017 QCCQ 17677, 2017 QCCQ 17677

Protection de la jeunesse — 177952 2017 QCCQ 17677 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000500-154 DATE: August 9, 2017 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2003 Adolescent -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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 (DYP) asks the Court to revise and extend the order rendered on October 5, 2016, in respect of the adolescent. [ 2 ] At the hearing, the parents are absent even if the application was duly notified to them. [ 3 ] The adolescent is also absent and duly represented by a lawyer. Her counsel consents to the conclusions suggested by the DYP even if her client wishes to be with her father.

Moreover, he agrees with the filing of the report to value as testimony of its author. [ 4 ] The adolescent is fourteen years old. In the last measure ordered, she was entrusted with her maternal grandmother even if once again her wish was to stay with her father. Considering the father’s situation, it was not doable to consider this option. At the present time, she still remains in this foster family. [ 5 ] The grandmother tries to be consistent in applying a positive structure environment around her granddaughter. She manages to establish regulations in every sphere of the adolescent’s life.

Even though, the adolescent can be difficult and defiant towards her. Despite the youth’s behaviour she is able to manage it through communication and discipline. [ 6 ] The adolescent seems to be influenced by her peers. Recently, she was caught smoking marihuana in school premises and was expelled. She denies taking marihuana even if the evidence suggests otherwise. Because of this circumstance, she was entrusted a few days to a Rehabilitation center. [ 7 ] In the other hand, the adolescent still has a follow up with a counselor and with an external educator.

She is also involved in sport especially in basketball. [ 8 ] The father wants to have his daughter back with him but he is well aware that he has a problem to follow the judicial system such as a court order. He indicated that he is now sober and doesn’t use drugs anymore. [ 9 ] His daughter also develops a negative connotation of how the system works and feels she will be on DYP hands until her majority just like her sister.

[ 10 ] Concerning the mother, she already has to deal with other issues in regards of her other children. For this reason, she is not able for the time being to provide the adolescent secure and structured environment. [ 11 ] Basically at this time, the parents of the adolescent are not able or not appropriate to be entrusted with the child. They both have issues in respect of their own personal beliefs and situation in their respective lifes. The evidence demonstrates that the adolescent still needs a structure, consistency, a secure surroundings with rules.

At the time, neither of her parents can provide such environment. [ 12 ] The evidence reveals that the security and development of the adolescent are still in danger. Under the circumstances, the application is well founded. The suggested measures appear to be in the best interest of the adolescent. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 13 ] GRANTS the application for revision and extension or order; [ 14 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 15 ] ORDERS that the youth be entrusted to a foster family designated by the DYP until August 31, 2018; [ 16 ] ORDERS to the parents/youth contacts take place under an agreement between the parties and AUTHORIZES the DYP to supervise the contacts if deemed necessary; [ 17 ] ORDERS that the parents and the youth benefit from the services of an external educator; [ 18 ] RECOMMENDS that the youth participate in psychological counselling; [ 19 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation; [ 20 ] ORDERS that the youth and her family actively participate in the application of the measures ordered to put an end to the situation of endangerment; [ 21 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the youth and his family until August 31, 2018; [ 22 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present order. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Réal Grenier for the adolescent Mrs. A the mother (absent) Mr. B the father (absent) Date of hearing August 9, 2017 Written judgment filed on September 13, 2017