2019 QCCQ 20012, 2019 QCCQ 20012

Protection de la jeunesse — 198270 2019 QCCQ 20012 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 145-41-000616-190 DATE: September 6, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2005 adolescent -and- A Mother ______________________________________________________________________ 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 ther 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 (DYP) asks the court to order protective measures for the adolescent, because she would show behavioural disturbances and suffer from neglect.

The DYP recommends that the adolescent be entrusted to her grandmother, with whom she already lives on a provisional basis. [ 2 ] The adolescent’s attorney agrees with the DYP’s recommendations, while the mother is not present nor represented at the hearing. [ 3 ] The court renders judgment orally following the hearing. Here are the reasons supporting that order. [ 4 ] Last fall, the DYP receives a first report concerning the adolescent. At the time, the latter lives with her mother at her grandfather’s.

The evaluation shows there is a long history of problems within the family. [ 5 ] The mother has long lasting personal issues to deal with and shows poor cooperation when social services try to work with her. [ 6 ] The adolescent is frequently absent from school, and her mother is not able to correct the situation. [ 7 ] In May, the adolescent attempts to commit suicide by taking medication. She expresses she feels pain and sadness. She has strong suicidal ideation. She is brought to the hospital and remains there for ten days.

Her mother does not have much contact with her meanwhile. [ 8 ] Following her leave from the hospital, the adolescent is entrusted to a rehabilitation centre. She does well there. She catches up on school work and is more positive about her life. [ 9 ] The grandmother was involved in the adolescent’s daily life in the past, when the adolescent and the mother lived in Province A. They have a very close relationship. [ 10 ] Since August, the adolescent is entrusted to her grandmother.

She is happy to be there. [ 11 ] The evidence convinces the court that the adolescent requires the application of protective measures because she was submitted to neglect while living with her mother and also because of her behavioural disturbances.

[ 12 ] The recommended measures meet the adolescent’s best interest. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 13 ] GRANTS the application for protection; [ 14 ] DECLARES that the security and development of X are considered to be in danger according to

section 38b)1 o iii and 38f) of the youth protection act ; [ 15 ] ORDERS that the adolescent be entrusted to her maternal grandmother Mrs.

B; [ 16 ] ORDERS that contacts between the adolescent and her mother be determined according to agreement between the parties and AUTHORIZES the DYP to supervise them; [ 17 ] RECOMMENDS that the mother submit herself to an assessment of her parental capacity, addictions assessment and counselling if deemed necessary; [ 18 ] ORDERS that the mother report periodically to the DYP on the measures she applies in her own regard or in her child’s regard to put an end to the situation in which the security or development of the adolescent is in danger; [ 19 ] ORDERS that the mother actively participate in the application of the measures ordered to put an end to the situation of endangerment; [ 20 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and her family until July 31, 2020; [ 21 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present measures. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Mrs. A the mother (absent) Written judgment filed on October 8, 2019