2022 QCCQ 11711, 2022 QCCQ 11711

Protection de la jeunesse — 226843 2022 QCCQ 11711 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002716-212 DATE: November 11, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on [...], 2008 Youth and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (First paragraph of

section 95 of the Youth Protection Act , CQLR, c. P-34.1 ) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection has applied for the review of a decision under s. 38 of the Youth Protection Act [1] rendered on November 24, 2021, by the Honourable Dominique Wilhelmy, J.C.Q.

At the time, the X’s security and development were in danger and she was entrusted to a foster family of Ms. C, with gradual reintegration into the mother’s care. [ 2 ] At the hearing, the youth was not present, but she had earlier met with counsel who was representing her. Neither parent was present, but they were represented by counsel. Facts since the last Court hearing: [ 3 ] X was fully reintegrated into the mother’s care. The bond between them has improved. The youth has been attending school full time and no behavioural problems were noted.

She is old enough to recognize potentially dangerous situations and is able to access her safety nets if needed. She is less vulnerable due to her age, so the mother will be capable to care for the youth with some support from Youth Protection. [ 4 ] The mother’s alcohol and drug issue has not improved. Her collaboration with Youth Protection remains difficult, both when she is sober and when she is intoxicated. [ 5 ] The father is still detained and will remain so for the foreseeable future.

He has been collaborative and involved in the visits with the youth. [ 6 ] The parties recognize that the new facts justify a review of the Honourable Dominique Wilhelmy’s decision. The parents and the youth agree with the measures suggested by the Director of Youth Protection. FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the application; [ 8 ] REVIEWS the decision rendered on November 24, 2021; [ 9 ] DECLARES that the security and development of X, born on [...], 2008, are still in danger;

[ 10 ] ORDERS that the youth remain with the mother; [ 11 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the youth’s regard to put an end to the situation in which the security or development of the youth is in danger; [ 12 ] ORDERS that the youth and the youth’s parents take an active

part in the application of any of the measures ordered by the Court; [ 13 ] ORDERS that the youth and the youth’s parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 14 ] RECOMMENDS that the parents seek help through social services concerning their alcohol, drug and personal issues; [ 15 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 16 ] ORDERS the execution of the present decision by any peace officer; [ 17 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. [ 18 ] THE WHOLE until November 11, 2023 __________________________________ MARC OUIMETTE, J.C.Q.

Mtre Adèle Cyr Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Cassandra Neptune Centre communautaire juridique A Counsel for the youth Mtre Angèle Tommasel Counsel for the parents Date of hearing: November 11, 2022