2019 QCCQ 14888, 2019 QCCQ 14888

Protection de la jeunesse — 1911163 2019 QCCQ 14888 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001358-115 DATE: December 20, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Applicant and X, born on [...], 2002 Teenager and A Impleaded party ______________________________________________________________________ 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 A (the Director) submitted an application for the extension of a decision rendered on November 22, 2018, entrusting the youth to the foster family of Mrs. B and ordering various measures, including a follow-up until November 30, 2019. [ 2 ] The Director alleged a long list of facts, this judgment will refer to those facts. [ 3 ] The Director recommends the Court to entrust the youth to his sister, Mrs.

C, in Town A, who is in a process of being assessed as a foster family. The adoptive mother is deceased and Mrs. A has been recognized as an interested party. [ 4 ] The adolescent admits some facts, ignores and denies others. He wishes to be entrusted to his sister who lives in Town A. The process of assessing her to become a foster family will be done by Social Services B and should be completed by the middle of February 2020. Mrs.

A, impleaded party, admits most of the facts alleged in the application, she denies being unable to provide a structured and safe environment to the youth. [ 5 ] She is in agreement that the youth go and live with his sister. [ 6 ] The evidence reveals the following facts: [ 7 ] The adolescent is 17 years old. He will be an adult on [...], 2020. [ 8 ] Since the last Court hearing the situation of Mrs. A remains the same. She still displays alcohol-related problems. [ 9 ] The youth is entrusted to his biological mother, Mrs. B, as a foster family.

He is invested in the home and has a good behaviour in the community. With Mrs. B he can talk about his feelings and about his plans for the future. [ 10 ] He stopped going to school and he appears to be very concerned by his education. He is able to express what he wants

concerning his future; [ 11 ] The youth also wants to evolve in a stimulating environment where he could have access to more resources and a better education. [ 12 ] He is expressing that he would like to live with his sister, Mrs. C, in Town A. The Director has no objection to support the youth in his project since he does not have any behavioural problems and because he expressed the need to stay in a foster family. The Director believes that it would be in his best interest to continue to evolve in the safe and stable environment that the interested party is unable to offer him.

Given his age, he would benefit greater from a preparation for autonomous and independent living. [ 13 ] Given the evidence, the Court concludes that all the facts alleged in the application have been proven and given the age of the youth, his needs, his project that is supported by the Director and accepted by Mrs. B, the Court also concludes that the recommendations made by the Director are in the best interest of the youth.

THEREFORE THE COURT: [ 14 ] GRANTS the application; [ 15 ] EXTENDS the decision rendered on November 22, 2018; [ 16 ] DECLARES that the security and development of the youth are still in danger; [ 17 ] ORDERS that X be entrusted to Mrs. C as a foster family as soon as the assessment will be done, which should be no later than February 15, 2020. [ 18 ] TAKES JUDICIAL NOTICE that Mrs. C will be assessed as a foster family by Social Services B. [ 19 ] ORDERS a progressive integration of the youth with his sister, Mrs. C; [ 20 ] TAKES JUDICIAL NOTICE that during this period, he will stay with Mrs.

B; [ 21 ] ORDERS that the adolescent attend a school or another place of learning or participates in a program geared to developing skills and autonomy; [ 22 ] ORDERS that a preparation for autonomous and independent living be established with the collaboration of all the parties. [ 23 ] ORDERS that the youth and the interested party take an active

part in the application of any of the measures ordered by the Court; [ 24 ] ORDERS that the interested party remain sober in the presence of the youth; [ 25 ] ORDERS that the contacts between the youth and the interested party be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 26 ] ORDERS that aid, counselling and assistance be provided to the youth, the interested party, the foster family of Mrs. B and the future foster family of Mrs. C; [ 27 ] THE WHOLE until [...], 2020.

Signed in _________, on January___ 2020 __________________________________ LUCIE GODIN, J.C.Q. Mtre. Karianne Asselin Attorney for the applicant Mtre. Laurence Migué Attorney for the youth Mtre. Angèle Tommasel Attorney for the interested party Date of hearing: December 20, 2019