2021 QCCQ 10895, 2021 QCCQ 10895

Protection de la jeunesse — 216096 2021 QCCQ 10895 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 000560-141 DATE: June 8, 2021 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2004 adolescent and A (deceased) mother B tutor ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on June 8, 2021. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Lucille Beauchemin on June 12, 2020. [ 3 ] Today, the Director recommends that the adolescent be entrusted to her grandfather’s foster family. The Director also recommends that diverse support measures be ordered until the adolescent’s age of majority. [ 4 ] The adolescent agrees with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 6 ] The adolescent was first placed in Town A, at the Centre A. On June 22, 2020, she ran away for 24 hours from the rehabilitation centre. When she was found, she disclosed that she had been sexually assaulted by a staff member from the centre. This is under investigation by the [Police service A]. [ 7 ] Until October 2020, the adolescent continued to take

part in regular therapeutic sessions with Ms. Catherine Richardson. [ 8 ] On October 2, 2020, the adolescent ran away again. A month later, when she was found, she reported that she had been living with family members in Town A (her biological mother, her aunt C and her cousin D). She also mentioned that she had consumed alcohol and cannabis while on the run.

[ 9 ] On November 21, 2020, the adolescent was transferred to the Centre B in Town B. It was observed that she integrated well and participated in the programs offered in the centre. [ 10 ] On January 22, 2021, the adolescent started working at the daycare. On January 24, 2021, she started working at the [Company A]. [ 11 ] On January 27, 2021, the adolescent ran away for a third time. [ 12 ] In March 2021, Mr.

E, the adolescent’s grandfather was recognized as a foster family. [ 13 ] On April 26, 2021, instead of forcing the adolescent’s return to a rehabilitation centre, she was integrated to her grandfather’s care in Town C. Since then, she is been doing well and collaborating with the Director. She plans to find a job and wants to continue her therapeutic process with Ms.

Richardson. [ 14 ] As the Director was unable to locate the adolescent’s biological mother, it has been impossible to proceed with the FASD assessment. [ 15 ] Due to the adolescent’s frequent runaways, the Director has not been able to provide consistent support.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for extension; [ 17 ] DECLARES that the security or the development of the adolescent is still endangered; [ 18 ] EXTENDS the order rendered on June 12, 2020 by the Honourable Lucille Beauchemin; [ 19 ] ORDERS that the adolescent remain entrusted to the foster family of her grandfather Mr. E; [ 20 ] ORDERS that the adolescent take an active

part in the application of any of the measures ordered by the Tribunal; [ 21 ] ORDERS that the contacts between the adolescent, her biological mother, her extended family and Ms.

F be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 22 ] ORDERS that the adolescent receive specific health care and health services required by her situation namely a psychological follow-up, that all recommendations be followed including any other evaluation recommended by the psychologist or therapist; [ 23 ] RECOMMENDS that the Director follow-up on the application done for the Orphan’s pension as soon as possible; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 25 ] THE WHOLE until January 7, 2022; [ 26 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett Counsel for the adolescent Date of hearing: June 8, 2021