2018 QCCQ 16479, 2018 QCCQ 16479

Protection de la jeunesse — 187276 2018 QCCQ 16479 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 105-41-000467-184 DATE: August 6, 2018 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2001 Adolescent and A and B Parents/Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 youth’s situation is reported to the director of youth protection (DYP) in 2016. [ 2 ] At the time, the youth lives with his father. He shows behavioural disturbances, such as addictions, verbal violence and stealing. He also has suicidal thoughts. He presents anger outbursts. The parents are not able to cope with the situation, so they release their structure and rules. The father cannot answer his son’s needs.

Moreover, the father’s spouse has a conflictual relationship with the adolescent. [ 3 ] Agreements on voluntary measures take place ever since. The youth is entrusted to a paternal aunt, who is also his godmother. [ 4 ] Since living with his aunt, the youth’s overall situation improves. [ 5 ] At home, the youth respects rules and authority, with his aunt and her partner providing appropriate parental support. [ 6 ] The adolescent’s use of cannabis is a lot less frequent than it used to be.

A follow-up with a drug addiction counsellor takes place for more than a year, until a few months ago. [ 7 ] For a while, the youth participates in a psychological follow-up. It comes to an end, as he is not presenting any psychological issues nor depressive moods anymore. [ 8 ] In school, the youth is able to manage himself better. His behaviour and marks are acceptable. He completes his high school and is enrolled in college in Town A for the next school year. [ 9 ] The youth is growing into a pleasant young man, appreciated by people surrounding him. [ 10 ] The aunt is sensitive to the youth’s needs.

She cooperates with professionals and takes good care of her nephew. She is willing to keep on doing so until he reaches his age of majority and afterwards. [ 11 ] The youth has contacts with his parents. However, neither of them is able to take care of him on a daily basis. [ 12 ] The adolescent’s best interest is to remain with his aunt. He will also be authorized to reside elsewhere, in order to be able to

attend college, with the support of his aunt, just like any youth his age. [ 13 ] The application is well founded. WHEREFORE, THE COURT: [ 14 ] GRANTS the application for protection; [ 15 ] DECLARES that the security and development of X are considered to be in danger according to

section 38b)1 o iii of the youth protection act ; [ 16 ] ORDERS that the adolescent be entrusted to the foster family of Mrs.

C until [...], 2019; [ 17 ] AUTHORIZES the adolescent to reside in Town A, for academic purposes; [ 18 ] ORDERS that the contacts between the adolescent and his parents take place following an agreement between the parties; [ 19 ] ORDERS that the adolescent benefit from the services of an external educator as long as deemed necessary by the DYP; [ 20 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until [...], 2019; [ 21 ] ENTRUSTS the situation of the adolescent to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother (absent) Mr. B the father (absent) Date of hearing: September 4, 2018