2020 QCCQ 6908, 2020 QCCQ 6908

Protection de la jeunesse — 206307 2020 QCCQ 6908 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N os : 455-41-000999-169 DATE : September 24, 2020 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2003 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A Youth’s mother -and- B Youth’s father ______________________________________________________________________ JUDGMENT [1] ______________________________________________________________________ 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.). Introduction [ 1 ] The Director is requesting for the revision of the Court order rendered on October 31, 2019. [ 2 ] By this order, the Tribunal declared the security and development of the Youth X still in danger for the motive of educational neglect. [ 3 ] As protective measures, the Court entrusted X to his maternal great aunt, Mrs.

C, until his majority, authorized contacts with his mother upon agreement between the parties, prohibited all contacts between the youth and his father and ordered a social follow-up until X’s majority on [...], 2021. [ 4 ] Today, the Director considers that the security and the development of the youth are still in danger for the same motive. [ 5 ] Because of the new facts alleged, the Director recommends revising the protective measures so that the Court entrust X to his mother until his majority, take judicial notice that the youth lives in an apartment in accordance with his autonomy project, and with the consent of his mother, prohibit all contacts between the father and X, and order a social follow-up until his majority on [...], 2021. [ 6 ] At the hearing held on September 24, 2020, the mother is present and represented.

She agrees with the recommended measures. [ 7 ] The father is absent. The Court proceeds in his absence and dispenses the Director to serve him as his whereabouts are still

unknown, he has not been part of X’s life for many years and no contacts took place with his son since the last Court order. [ 8 ] The youth's lawyer expresses her young client's consent to the recommendations of the Director. Evolution of the situation [ 9 ] Since the last Court order, X (17) continued to live with his great aunt, Mrs. C. [ 10 ] He has improved considerably his behaviour since he has been put under the care of Mrs. C. [ 11 ] The youth managed to get his learner’s permit to maintain his job and is currently in the process of saving money in order to rent an apartment. [ 12 ] In March 2020, Mrs.

C had some difficulties with X, as he was defying the rules. [ 13 ] The youth could spend days at his mother’s place and see different people, despite the rules set by Mrs. C regarding the Covid- 19 restrictions. [ 14 ] In April 2020, X moved into an apartment with his girlfriend.

He has been in a relationship with her for nearly two years. [ 15 ] In May 2020, X had lost his job due to COVID-19 layoffs . [ 16 ] Since his move, X had not been collaborating with the delegate, namely he had not given access to his apartment. [ 17 ] Since the revision X has started to cooperate again and opened his door to the delegate. [ 18 ] He accepted to collaborate with the educator and has been actively searching for a job. [ 19 ] He recently got his previous job back. [ 20 ] X is also planning on finishing his education by completing his high school diploma. [ 21 ] By their agreement, the parties recognize the alleged facts and that the proposed measures meet the youth’s needs. [ 22 ] The Court also considers that the situation evidenced in the reports produced herein gives rise to the sought measures.

FOR ALL THESE MOTIVES THE COURT: GRANTS the present application; DECLARES that the security and development of the youth X are in danger; REVISES the Court order rendered on October 31, 2019, in the present file; ENTRUSTS are still in danger; ENTRUSTS the youth X to his mother, until his majority on [...], 2021; TAKES JUDICIAL NOTICE that the youth lives in an apartment in accordance with his autonomy project; PROHIBITS all contacts between the father and X; ORDERS that the youth and his mother take an active

part in the application of any of the measures ordered; ORDERS that a person, working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the youth and his family until his majority on [...], 2021; ENTRUST the situation of the youth X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q. M e Andréanne Lacasse Counsel for the DYP M e Cassandra Riendeau

Counsel for the youth M e Maryse Pinsonneault Counsel for the mother Date of written judgment : October 28, 2020