2014 QCCQ 14223, 2014 QCCQ 14223

Protection de la jeunesse — 142317 2014 QCCQ 14223 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000422-110 DATE: May 27, 2014 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the district A, C.Y.P.C., working in Town A APPLICANT and X, residing and domiciled in Town A, Québec, district B ADOLESCENT and A, residing and domiciled in Town A, Québec, district B MOTHER and B, residing and domiciled in Town A, Québec, district B FATHER ______________________________________________________________________ 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 applicant is addressing the Court, asking for a review of the decision rendered on January 15, 2013 by the Honourable Louis A. Legault, J.C.Q., in the situation of X, born on […], 2008. [ 2 ] At that time, the adolescent was entrusted to a reception center for a period of eight months with additional measures of help in order to put and end to the situation compromising his security and development. [ 3 ] At the hearing, only the adolescent is present and represented.

As for the mother, she is absent but represented. The father, who has been advised of the present hearing, chose not to be present or appoint a counsel. [ 4 ] The record, as well as the evidence heard, reveals that the adolescent is known by the Youth Protection services since 2008, when it was brought to their attention and reported that he may be victim of neglect and physical abuse. [ 5 ] Upon examination of his file, it was revealed to the Court that the young man was demonstrating important behavioural issues. Far from improving, these difficulties are getting worst with time.

He now carries with him a past of juvenile delinquency (thefts, misdeed, running away). [ 6 ] He is clearly struggling with respecting the established rules in such a way that there is no other choice but to ensure he is placed in a structured environment. [ 7 ] The applicant is recommending a placement in a reception center for a period of six months, to which the adolescent and the mother subscribe. [ 8 ] After consideration of the opinion of the parties and the evidence given, it ap-pears that this recommendation is the most appropriate one in order to help the adoles-cent improve his behaviour.

Consequently, the Court does not hesitate to endorse it. FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the motion; [ 10 ] REVISES the decision rendered on January 15, 2013; [ 11 ] DECLARES that the situation of X, born on […], 1998, is still in danger accordingly to

Section 38 of the Youth Protection Act;

[ 12 ] ORDERS the placement of the adolescent in a reception center for a period of six months with a gradual integration in a foster home after one month, if the situation allows it; [ 13 ] ORDERS that the contact between the adolescent and his parents be encouraged and supervised by the DYP; [ 14 ] ORDERS that the director see that aid, counsel and assistance be provided to the adolescent and to his family for a period of six months; [ 15 ] ORDERS any peace officer to collaborate in the execution of this enactment; [ 16 ] ENTRUSTS the adolescent’s situation to the director who shall then see that the measure is carried out. __________________________________ Jean-Pierre Gervais, J.C.Q.

M e Camille Provencher Cain Lamarre Casgrain Wells Attorney for the applicant M e Cassandra Neptune Centre communautaire juridique A Attorney for the adolescent M e Angèle Tommasel Attorney for the mother Date of hearing: April 25, 2014