2018 QCCQ 12515, 2018 QCCQ 12515
Opinion
Protection de la jeunesse — 182906 2018 QCCQ 12515 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000668-152 DATE: May 4, 2018 ______________________________________________________________________ BY THE HONOURABLE MARIE-CLAUDE BÉLANGER, J.C.Q. ______________________________________________________________________ MRS [SOCIAL WORKER 1], exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at […] Applicant -and- X, presently residing at […] Adolescent -and- MRS A, domicile and residing […] Mother -and- MR B, domiciled and residing at […] Father ______________________________________________________________________ JUDGMENT (Sec. 95 (1 and 2) and 75 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 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection asks the Court to review and extend a decision rendered on October 10, 2017. The decision entrusted X to his sister, Mrs C. [ 2 ] All went well for a while in this new living environment. X made important improvements in his life. He respected the family routine and was positively involved in the household’s activities. [ 3 ] He enrolled in adult education in Town A and was in the process of obtaining his high school degree.
He was dedicated to his work and was passing his courses. He felt happy and part of a family at his sister’s place. [ 4 ] In February 2018, he ran away from his sister’s home claiming he did not like the curfew put in place by his sister. He also mentioned that D, his sister spouse, was making rude remarks towards him. X ended up at his father’s house in Town B. His grades were slipping for the past weeks. He didn’t wish to live with them anymore. [ 5 ] During the period of time he lived at his sister’s house, X was spending every other weekend visiting his father in Town B.
He maintained a strong bond with him and their extended family. [ 6 ] A “my family, my community” meeting was held to verify if somebody could take care of X in Town B, as he wished to live in the community to be closer to his family members. Mrs E, the adolescent’s cousin, was open to take him in and to put rules in place to ensure his safety and well-being. The adolescent was entrusted to her on provisional measures on March 9, 2018. [ 7 ] Everything is going well since his arrival at Mrs E’s. He has enrolled in adult education in Town B and is determined to obtain his high school degree and to do well in life.
He wants to eventually find employment to provide for himself. [ 8 ] X started a follow-up with the Front Line Services of Town B to work on his emotional well-being and to make sure he maintains control on his substance abuse problem. [ 9 ] He already completed the SAVA program (soutien et accompagnement à la vie autonome) aimed at providing the youth with tools to help him transit to adulthood.
[ 10 ] There will always be rules and limits to follow, even when he reaches the age of majority. X will need to accept and follow them as they are a part of life. Running away from them will not help him: working on finding a solution will. [ 11 ] X will be 18 years old next June.
It is important that he finds a place where he feels comfortable and secure so he can maintain his commitment to his education and to his future. [ 12 ] He will be entrusted to his cousin, Mrs E, in Town B where he can maintain the bonds with his family, pursue his personal follow-up and attend school in order to obtain his high school degree.
FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application; [ 14 ] MAINTAINS that the security and development are still in danger; [ 15 ] ENTRUSTS the adolescent to his cousin, Mrs E, until he reaches majority; [ 16 ] ORDERS that the adolescent attend school on a regular basis; [ 17 ] TAKES NOTICE of the agreements of the adolescent to meet with a counsellor to help him with is addictions and mental health problems; [ 18 ] ORDERS that the father remain sober when in the presence of his son; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family, until he reaches majority; [ 20 ] ORDERS that any police officer collaborate in the execution of the present order, if required; [ 21 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection for the purpose of executing the measures ordered. __________________________________ MARIE-CLAUDE BÉLANGER, J.C.Q.
M e Pierre Grygiel Centre intégré de santé et de services sociaux Lawyer for the D.Y.P. M e Daniel Ouellette Legal Aid Lawyer for the adolescent Date of hearing: April 18, 2018
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