2019 QCCQ 15193, 2019 QCCQ 15193

Protection de la jeunesse — 1911727 2019 QCCQ 15193 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002110-176 DATE : October 10, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2002 and A parents ______________________________________________________________________ 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 youth or the youth’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.). Introduction [ 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 October 10, 2019. [ 2 ] The court is seized of an application for revision presented by the Director of youth protection (DYP) of a decision rendered on October 2, 2018, requesting that the security and development of the youth be declared still in danger as expressed in the motion. [ 3 ] Consequently DYP asks the Court to order the placement of the youth in a rehabilitation center, as well as other measures to resolve the situation.

Question in litigation [ 4 ] Are the security and development of the youth still compromised? In the affirmati-ve, do the recommended measures answer her needs and are they in her best interest?

Context and Analysis [ 5 ] The mother is absent and X agrees to proceed in her absence. [ 6 ] The youth is in agreement with the recommendations, but wishes to be entrusted as soon as possible in a family environment. [ 7 ] The proof reveals that the youth needs a stable living environment, even if it is difficult for her to respect the rules. [ 8 ] The mother is present in the life of X but she is in a relationship with a known sex-offender and batterer. [ 9 ] DYP is searching a suitable foster home for X who will continue to adapt to a structured environment in the center. [ 10 ] The mother still struggle with her alcohol consumption, and she prioritizes her need for alcohol over her need to take care of her

daughter. [ 11 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the youth are still in danger and that the measures suggested meet her needs and deemed to be in her best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of X are still compromised; [ 14 ] EXTENDS the decision rendered on October 2 nd , 2018; [ 15 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation center, chosen by the institution operating a youth and youth protection center; [ 16 ] ORDERS that the youth be gradually reintegrated under the care of a foster family, chosen by the institution operating a youth and youth protection centre as soon as a suitable foster family is found; [ 17 ] ORDERS that the youth and her mother take an active

part in the application of any of the measures ordered by the tribunal; [ 18 ] RECOMMENDS DYP to offer a psychological follow up for X and that the said psychologist be a female; [ 19 ] ORDERS that the youth and her mother report in person, at regular intervals, to the director to inform her of the current situation; [ 20 ] ORDERS that the contact between the youth and the mother be determine by DYP as for the modalities, frequency and degree of supervision, and that the contacts with her sisters be favored and occurred as often as possible; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 22 ] ENTRUSTS the situation of the youth to the DYP who shall then see that the measures are carried out; THE WHOLE until October 10 th , 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Robert André Adam Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the youth Mtre Éliane Villemur Counsel for the mother