2019 QCCQ 16082, 2019 QCCQ 16082

Protection de la jeunesse — 196395 2019 QCCQ 16082 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 760-41-005399-178 DATE: May 27, 2019 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: […], 2005 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A Parent ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] On October 12, 2018, the Court revises and extends protective measures applied as to the adolescent X in relation to a situation of psychological ill-treatment.

While entrusting her to her aunt and uncle and providing for supervised contacts with her mother, the Court orders various other measures for six months. [ 2 ] Alleging an overall improvement of the family dynamic, the Director of Youth Protection applies for the revision and extension of the order in order to reintegrate the adolescent in her family environment with a continued the follow-up for a further six months. [ 3 ] The adolescent and her mother subscribe to the Director’s proposed orientation. [ 4 ] Analysis and decision [ 5 ] The adolescent continues to reside with her aunt and uncle as of the last order. [ 6 ] In the last months, she shows increasing behavioural issues in her alternate environment (opposition, social isolation).

Her grades start slipping. The aunt and uncle ask that she be removed from their care and the parties agree that she transfer into another foster environment. [ 7 ] The adolescent initially benefits from supervised contacts with her mother on a weekly basis, which evolve positively. Their relationship improves. They are able to better deal with difficult situations. As of April 8, 2019, the parties agree to lift the supervision of the contacts. [ 8 ] Since then, no significant issues are observed. X follows the house rules and functions well.

The relationship with her mother and siblings is stable. [ 9 ] Numerous services accompany the family. They begin mediation/family counseling, which progress well. Both X and her mother are open to continue to participate in individual and joint counseling in view of working on their issues. [ 10 ] A parenting capacity assessment of the mother concludes that she is vulnerable to the numerous stressors in her life (single parent responsibilities, financial difficulties, fears regarding her former spouse).

The following recommendations are made: • She benefit from ongoing and continuing resource supports; • Her daughter’s return be graduated and monitored to ensure sustained change as well as a safe and nurturing environment; [ 11 ] The parties jointly submit that the adolescent return to her home environment. As issues remain to be completely addressed, especially in regards to the family’s history and the abusive dynamic with the mother’s former spouse, they also agree that social

services remain involved to shoulder this reintegration. [ 12 ] After considering the evidence, the Court endorses the Director’s evaluation as well as the suggested corrective measures. [ 13 ] FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES the security and the development of the adolescent still in danger; [ 16 ] DECLARES the security and the development of the adolescent also in danger in reason: • educational neglect (article 38b)1)iii) Youth Protection Act); [ 17 ] REVISES AND EXTENDS the Court order rendered on October 12, 2018; [ 18 ] ENTRUSTS the adolescent to her mother; [ 19 ] ORDERS that the adolescent and her mother participate actively in the application of the measures ordered; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 21 ] ALL THESE MEASURES for 6 months; [ 22 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Amélie St-Denis Attorney for the Applicant Me Johanne Leduc Attorney for the mother Me Karine P. Poissant Attorney for the adolescent Date of hearing: May 27, 2019