2020 QCCQ 10690, 2020 QCCQ 10690
Opinion
Protection de la jeunesse — 206971 2020 QCCQ 10690 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth Division » No: 614-41-000364-184 DATE: June 17, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of […] Health and Social Services […], working in Town A. APPLICANT and X, born on […], 2003 TEENAGER and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (
Section 95 , 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection submits an application to extend the placement of X in foster family until she reaches the age of majority in […] 2021. [ 2 ] At the hearing, Mtre.
Yvan Massé represents the interest of X, who is not present. The father decided not attend Court. He does not collaborate with the Youth Protection Worker. As for the mother, she is not involved at all in the situation of X. The Social Worker has no address for her. [ 3 ] The Director of Youth Protection asks for an exemption of service to the mother and to proceed without the presence of the father. He was duly served and is aware of the procedure before the Court.
The Court agrees to proceed. [ 4 ] From the admissions made by the adolescent and the content of the report filed, the Court has preponderant evidence about the following facts: - The youth continues to live in the same foster home and is reportedly doing good; - The youth was attending school before it closed, but refused to participate in online classes since the COVID-19 pandemic; - X intends to finish her course when school resumes in September; - She is working part-time after school; - The relationship between the father and X remains strained and X refuses to return to the father’s home. [ 5 ] Through her lawyer, X states that she is not ready to resume contacts with her father.
Because of her age, it would be vain to try to force her to have contacts. It would be more beneficial trying to act as a mediator between X and her father. [ 6 ] For this, the father has to collaborate. There is not a lot of time left until the teen is of full age. FOR THESE MOTIVES, THE COURT; [ 7 ] GRANTS the application; [ 8 ] DECLARES that the security and development of X, born on [...], 2003, are still endangered; [ 9 ] ORDERS the placement of X in a foster family until she reaches the age of majority;
[ 10 ] RECOMMENDS that the youth and the father remain in contact following consent given by X; [ 11 ] Strongly RECOMMENDS that X continue her schooling; [ 12 ] ORDERS X to inform the Social worker of any dates for medical appointments and to provide evidence of attendance, if requested to do so; [ 13 ] ORDERS that aid, counselling and assistance be provided to X and her father until [...], 2021; [ 14 ] ORDERS that a social follow-up be available for the mother, if she expressly requests it; [ 15 ] ORDERS the parties to collaborate with the Director of Youth Protection; [ 16 ] ORDERS any peace officer to collaborate with the execution of the Court orders, if requested to do so by the Director of Youth Protection; [ 17 ] ENTRUSTS the situation of X to the Director of Youth Protection of the […] Health and Social Services [...] for the execution of the Court’s orders. ________________________________ LUCILLE CHABOT, J.C.Q.
Mtre. Magdalena Lempicka Ferreira, Lempicka, Attorneys Counsel for the applicant Mtre. Yan Massé Centre communautaire juridique A Counsel for the teenager Date of hearing: June 17, 2020
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