2019 QCCQ 12334, 2019 QCCQ 12334

Protection de la jeunesse — 192861 2019 QCCQ 12334 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 635-41-000346-103 DATE: March 19, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and X, born on [...], 2005 Youth and A Mother and B Interested Party ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (Sections 95(para. 1) and 75, Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ 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 commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the review of a decision under s. 95 of the Youth Protection Act , [1] rendered on June 16, 2015, by the Honourable Jean Gravel, J.C.Q.

At that time, he declared that the security and development of X, born on [...], 2005, were still in danger and entrusted her to Ms. C and Mr. D until her majority. [ 2 ] At the hearing, the youth was present and assisted by counsel. The mother was also present but was not assisted by counsel. Mr. B, interested party, was not present but was represented by counsel. Facts: [ 3 ] Following the last Court hearing, the youth remained in the foster family of Ms. C and Mr.

D. [ 4 ] On or about December 5, 2017, the youth asked that she be placed in a new foster family following conflicts with her previous foster family. [ 5 ] The youth has been residing with her new foster family since December 2017. [ 6 ] The youth received psychological and mental health services to work on her past traumas and attachment issues. Support was provided to the foster family. She misses school sometimes and consumes marijuana. [ 7 ] Mr. B was in detention until the month of September 2018. [ 8 ] The mother is still living in Town B and is not regularly involved in the youth’s life.

However, the youth went to visit the mother on a few occasions. Position of the parties: [ 9 ] The youth and the mother agreed with the placement of the youth in a new foster family until November 30, 2019. FOR THESE REASONS, THE COURT: [ 10 ] GRANTS this application;

[ 11 ] REVIEWS the decision or order rendered on June 16, 2015; [ 12 ] DECLARES that the security or development of the youth X, born on [...], 2005, is still in danger; [ 13 ] ORDERS that the youth be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 14 ] ORDERS the youth, the mother and Mr. B to take an active

part in the application of any of the measures ordered by the Court; [ 15 ] ORDERS the youth, the mother and Mr. B to report in person, at regular intervals, to the Director to inform him of the current situation; [ 16 ] ORDERS that the youth receive specific health care and health services such as the therapy she is currently receiving; [ 17 ] ORDERS that the youth attend school or another place of learning or participate in a program geared to developing skills and autonomy; [ 18 ] ORDERS Mr. B to remain sober in the presence of the youth; [ 19 ] ORDERS Mr.

B to refrain from any aggression or violence in the presence of the youth; [ 20 ] RECOMMENDS that Mr.

B seek help through Social Services for his alcohol, drug and personal issues; [ 21 ] ORDERS that contact between the youth, the mother and B be determined by the Director with respect to the terms, frequency and degree of supervision; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth, the foster family and family until November 30, 2019; [ 23 ] ORDERS the police to cooperate in the execution of the judgment; [ 24 ] ENTRUSTS the situation of the youth, X, to the Director of Youth Protection A, who shall then see that the measures are carried out.

THE WHOLE UNTIL NOVEMBER 30, 2019. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Geneviève Apollon Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the youth Mtre Angèle Tommasel Counsel for the interested party Date of hearing: March 19, 2019