2022 QCCQ 8023, 2022 QCCQ 8023
Opinion
Protection de la jeunesse — 222416 2022 QCCQ 8023 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 640-41-001518-122 DATE: Janyary 31, 2022 ______________________________________________________________________ BY THE HONOURABLE CHRISTIAN LEBLANC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2004 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection A, having a place of business in [...], Applicant and A Mother ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 (DYP) asks the Court to review and prolong a decision rendered on December 16, 2020, by the honourable Lucille Beauchemin, J.C.Q. regarding the youth X, born on [...], 2004. [ 2 ] At that date, the Court declared the security and development still in danger and entrusted the adolescent to the kinship foster family of B, until [...], 2022. [ 3 ] The Director submits that the youth's situation does not allow to return her to the care of her mother and that the placement has to be prolonged. [ 4 ] The DYP is therefore asking the Court to entrust the youth to a reception centre, with the possibility of the reintegration in an autonomy plan if the situation allows it, the whole until [...], 2022.
POSITION OF THE PARTIES [ 5 ] The mother is not present, but she is represented. Through her lawyer, she recognizes that the security and development of her daughter are in danger under the alleged sections and she agrees with the measures. [ 6 ] Finally, the youth is present and she is also represented.
She admits that her security and development are still in danger and also expressed her agreement with the measures proposed by the Director. [ 7 ] The Court concludes that the present agreement, expressed by each of the parties represent their will, is the best interest of the youth and respect her rights. [ 8 ] Therefore, the Court will endorse it.
FOR THOSE REASONS, THE COURT: [ 9 ] GRANTS the application; [ 10 ] ACKNOWLEDGES the admissions by the mother and the youth that her security and development are in danger; [ 11 ] ACKNOWLEDGES the consent expressed by the mother and the youth to the effect that the proposed measures are in her best interest; [ 12 ] DECLARES that the security and development of the X, born on [...], 2004, are still in danger; [ 13 ] ENTRUSTS the youth to a reception centre until [...], 2022;
[ 14 ] AUTHORIZES the gradual reintegration of the youth in an autonomy plan if the situation allows it; [ 15 ] ORDERS that the youth and the youth mother take an active
part in the application of the measures orders by the Court; [ 16 ] ORDERS that the youth and the youth mother report in person at regular interval to the Director to inform of their current situation; [ 17 ] ORDERS that the youth and the youth’s family receive the services of an external educator for the period seen necessary by the professional; [ 18 ] STRONGLY RECOMMANDS that the mother seek help from social services concerning her alcohol, drugs and personal issues; [ 19 ] ORDERS that contacts between the child and the mother be determined by the Director as for the modalities, the frequency and degree of supervision; [ 20 ] ORDERS that a person working for an institutional or body provide aid, counsel and assistance to the youth and the youth’s family; [ 21 ] ENTRUSTS the situation of the youth X to the Director of Youth Protection A, who shall then see that the measures are curried out in order to the police to collaborate for the execution of the enactment; Signed on February 17, 2022 __________________________________ CHRISTIAN LEBLANC , J.C.Q.
Me Justine Carli, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Me Angèle Thommasel, attorney for the mother Date of hearing: January 31, 2022
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