2020 QCCQ 6035, 2020 QCCQ 6035
Opinion
Protection de la jeunesse — 205776 2020 QCCQ 6035 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000615-192 DATE: September 2, 2020 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2004 Adolescent -and- A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JP2122 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 a previous judgment and order that the youth remain in foster care until she comes of age. [ 2 ] Over the last year, the youth’s situation has improved significantly. [ 3 ] The youth is doing well in school and has good relationships with her peers. She has recently transferred to a smaller school, at her request. She still has a part-time job. [ 4 ] The youth has developed a close bond with her foster family.
She feels safe in that environment and wishes to remain there. The foster family shares that view. [ 5 ] Despite her progress, the youth still faces challenges in regard to anxiety and the consequences of her past traumas. She meets with her psychologist on a regular basis. [ 6 ] In June, the youth had suicidal ideation, for the first time in months. She was brought to the hospital, assessed and released. She is now followed by a child psychiatrist. [ 7 ] The youth communicates with her mother but has no contact with her father.
She has shared that having contact with some members of her paternal family is emotionally exhausting. [ 8 ] The evidence convinces the Court that the application is well founded. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT:
[ 9 ] GRANTS the application for revision and extension of order; [ 10 ] DECLARES that the security and development of X are still considered to be in danger according to
section 38 of the Youth Protection Act; [ 11 ] REVISES AND EXTENDS the Court order rendered on December 5, 2019; [ 12 ] ENTRUSTS the adolescent to the foster family of Ms. C and Mr. D until [...], 2022 (her age of majority); [ 13 ] ORDERS that contact between the adolescent and her mother be determined according to an agreement between the parties; [ 14 ] ORDERS that contact between the adolescent and her father be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 15 ] PROHIBITS any contact or communication between Mr.
E and the adolescent; [ 16 ] ORDERS that the parents report whenever required by the DYP on the measures they apply to themselves or to the adolescent to put an end to the situation of endangerment; [ 17 ] RECOMMENDS that the adolescent receive a psychological assessment and that she receive counselling as long as deemed necessary by the DYP; [ 18 ] ORDERS that the adolescent and her parents actively participate in the measures ordered; [ 19 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and her family until [...], 2022 (date of her majority); [ 20 ] 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 measures. __________________________________ JANICK POIRIER, J.C.Q.
Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on September 21, 2020
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