2023 QCCQ 6889, 2023 QCCQ 6889

Protection de la jeunesse — 233934 2023 QCCQ 6889 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] «Youth Division»

N° : 505-41-011113-224 DATE : May 18, 2023 ______________________________________________________________________ PRESIDED BY : THE HONOURABLE MARIO GERVAIS J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker duly authorized by the Director of Youth Protection of A, Applicant -and- X , born on [...], 2008 Child-respondent -and- A Mother-respondent -and- B Father-respondent ______________________________________________________________________ J U D G M E N T Sections 95. 1. 2. and 76.3 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 9.2, 9.3 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (Director) presents an application for protection in the matter of the child X , born on [...], 2008. [ 2 ] The parties have reached an agreement on both the reasons which put the security and the development of the child in danger, as well as the appropriate measures of protection in the child's situation.

The said agreement forms an integral part of the present judgment. [ 3 ] The facts consigned in the agreement permit to conclude that the security and the development of the child are still in danger. [ 4 ] This agreement reflects the expressed will of the parties, respects the objectives of the Youth Protection Act as well as the interests and rights of the child. [ 5 ] This agreement reads as follows: CONSIDERING the judgement rendered by the Honourable Judge Mario Gervais in the situation of X on October 24 2022; CONSIDERING the provisional judgement rendered by the Honorable Judge Jean Gravel in the situation of X on April 26, 2022 entrusting the adolescent to a foster family; CONSIDERING the request for an extension of an order submitted by the Director of Youth Protection in the situation of X, on April 20 th 2023; CONSIDERING the parties have come to an agreement regarding the appropriate measures in the adolescent's situation;

CONSIDERING this agreement is in the best interest of the adolescent; THE PARTIES AGREE AS FOLLOW: 1. The

preamble is an integral part of this Agreement; 2. The security and development of the adolescent are still endangered in accordance with:

a) Section 38b)1)iii) of the Youth Protection Act: neglect on educational level;

b) Section 38

f) of the Youth Protection Act: serious behavioral disturbances; 3. The parties agree that the adolescent’s situation requires a revision and an extension of the order entered October 24 th 2022 for the following reasons:

a) Since the last court order, the youth is entrusted to his mother;

b) On October 24 th , the youth entered the A residential program;

c) The program staff explained that the youth’s residential period was for eight (8) weeks, but that the program still had an outpatient presence via parent groups as well as individual family meetings;

d) The youth was not ready to return home after the eight (8) weeks;

e) The family was given two (2) placement extensions, representing an additional month in total;

f) On January 27 th , the youth returned to his mother home;

g) On February 6 th , the mother explained that she had to contact the police, during last weekend, because the youth became violent towards her and that she felt unsafe in his presence;

h) The violence described by the mother was that the youth was pushing and shoving her and pulling on her arms;

i) The Director is informed that the youth does not respect the rules of the house, and that a cache of spoiled food was found under a piece of furniture in the living room;

j) Since that meeting, the Director has intensified interventions, she met with the family every two weeks, and requested a homebound educator, which was quickly obtained;

k) Despite the new intensity of interventions, the youth behavior did not change;

l) It was difficult to make any real progress with the family, since the mother told the Director that following their meetings a family crisis would erupt and lasted for hours, leaving her exhausted.

m) On April 13 th , an early review table was held where it was clearly established by the mother that she could no longer bear the situation and that her own health was affected;

n) A period of distance between mother and son was necessary and a request was made to place the child in foster care;

o) Since then, the youth is entrusting to a foster family;

p) The youth is perfectly behave, he helps with the outside field, takes care of one of the younger kids, is on his game and very polite; 4. The main needs of the adolescent in relation to the present situation are the following:

a) To evolve in an environment that provides a clear, consequent and coherent structure;

b) To work on the mother-son relationship;

c) To work on his introspection and address his negative emotions towards his mother;

The parties agree to the filing of these reports as proof and testimony of their author, subject to the following comments: D-7: Authorization of the Director of Youth Protection; D-8: Court report, written by Angela Perron, dated on May 8, 2023. [ 6 ] The Court therefore ratifies and grants it legal force, by adding, after discussing with the social worker and the mother, and considering the comments made by the child’s lawyer: “ ORDERS that the child benefit from a psychological evaluation ” FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the application; [ 8 ] TAKES JUDICIAL NOTICE of the facts recognized as being the foundation of the situation of endangerment; [ 9 ] DECLARES that the security and development of the child X are in still in danger; [ 10 ] RATIFIES the measures provided in the agreement signed by the parties, namely: [ 11 ] REVISES AND EXTENDS the Court order rendered on October 24, 2022; [ 12 ] ORDERS that the child be entrusted to a foster family chosen by Director of Youth Protection of A; [ 13 ] ORDERS that the contacts between the child and her mother be following agreement between the parties; [ 14 ] ORDERS that the child benefit from a psychological evaluation; [ 15 ] ORDERS that the child and his parents take an active

part in the application of the measures ordered; [ 16 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 17 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of A for the execution of the measures. [ 18 ] THE WHOLE , for a period of nine months. ________________________________ Mario Gervais, J.C.Q. M e Mélissa Labine Attorney for the Director M e Kelly-Ann Sinnett Attorney for the child Date of signature of judgment: May 18, 2023