2019 QCCQ 15154, 2019 QCCQ 15154

Protection de la jeunesse — 1911744 2019 QCCQ 15154 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002352-190 DATE : October 7, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born [...],2005 and A B parent s ______________________________________________________________________ JUDGMENT

Section 38 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.). 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 7, 2019. [ 2 ] The Court is seized of an application presented by the Director of youth protection (DYP), requesting that the security and development of the adolescent be declared in danger for neglect in terms of supervision, and for serious behavioral disturbances (

section 38 b) 1 iii and f), of the Youth Protection Act ), as expressed in the motion. [ 3 ] Consequently the DYP asks the Court to order that the adolescent remain with her mother, as well as other measures to improve the situation. Question in litigation [ 4 ] Are the security and development of the adolescent compromised? In the affirmative, do the recommended measures answer her needs and are they in her best interest?

Context and Analysis [ 5 ] The proof reveals that DYP is involved with the family since 2012. [ 6 ] In the past, mother was struggling with alcohol problems and personal difficulties. [ 7 ] The development of the adolescent was compromised by many suicidal crisis, and the mother was not in a position to help and protect her daughter because she was struggling with her own difficulties. [ 8 ] Mother got involve with the Social Services and the DYP and she is now more able to take good care of X. The family still

needs support from DYP. [ 9 ] The mother and the adolescent agrees with the recommendations of the DYP [ 10 ] 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 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: [ 11 ] GRANTS the application ; [ 12 ] DECLARES that the security and development of the adolescent are compromised according to

section 38b) iii and 38

f) of the Youth Protection Act ; [ 13 ] ORDERS that the youth remain with her mother ; [ 14 ] ORDERS that the youth’s mother report periodically to the director on the measures she applies in their own regard or in her youth’s regard to put an end to the situation in which the security and development of the youth are in danger ; [ 15 ] ORDERS that the youth and the youth’s mother take an active

part in the application of any of the measures ordered by the tribunal ; [ 16 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family ; [ 17 ] ORDERS that the youth or the youth’s mother report in person, at regular intervals, to the director to inform him of the current situation ; [ 18 ] RECOMMENDS X to accept to be evaluated by a psychologist ; [ 19 ] ORDERS DYP to ensure that she is evaluated whenever she will ask for it ; [ 20 ] ENTRUSTS the situation of the youth, X, to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out ; [ 21 ] ORDERS the police to collaborate to the execution of the enactment.

THE WHOLE until September 30 th , 2020. ___________________________________ Dominique Wilhelmy, J.C.Q. Signed on Mtre Robert André Adam Counsel for the Director of Youth Protection Mtre Angèle Tomassel Counsel for the mother Mtre Laurence Migué Counsel for the adolescent