2017 QCCQ 13433, 2017 QCCQ 13433

Protection de la jeunesse — 175911 2017 QCCQ 13433 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 635-41-000599-149 DATE: September 20, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2003 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ 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.). [ 1 ] The Director of Youth Protection A submits to the Court a motion for revision of the decision rendered on November 8, 2016 by the undersigned concerning the situation of X, 14 years old. [ 2 ] The applicant recommends that the placement of the youth in foster family be extended until July 31, 2018. [ 3 ] At the hearing, the mother and the youth are present, assisted by Me Angèle Tommasel and Me Cassandra Neptune.

Me Geneviève Apollon represents the applicant. [ 4 ] The evidence constituted of the admissions by the mother and the youth, the revision report and the testimony of the social worker prove beyond balance of probabilities that the mother’s situation remain the same and that she cannot assume the youth. [ 5 ] She is volatile and impulsive. The mother also has medical problems, she suffered a stroke in winter 2016. Her behaviour is problematic when she is reacting impulsively, she might be aggressive. [ 6 ] The youth lives in the foster family of his sister Y since two years.

He is doing very well and he attends school on a regular basis. [ 7 ] In March 2017, it was reported that the youth has sexually abused a five years old girl. The investigation is still in process. The youth denies it. [ 8 ] Following this event, the foster mother Y witnessed her common law spouse making sexual touches on their daughter’s. He was under the influence of alcohol.

She admitted that her spouse has few personal issues such as alcohol and drugs consumption. [ 9 ] Troubled with that incident, working full time and facing problems in her relationship, the foster mother missed supervision on X during summer. She needs to stabilise to be able to provide a safe environment to her brother. Y and her spouse need to improve, mainly on their alcohol consumption. [ 10 ] While residing at his sister’s place, the youth as an easy access to his mother.

He visits her when she is able to receive him. [ 11 ] The placement of X is over two years and there is no life project established for him. He is doing well with his sister and with the support of his mother. But the applicant needs to evaluate the seriousness of Y’s problems and her capacities to supervise her teen brother. [ 12 ] The services of an external educator would be really useful for such evaluation. Unfortunately, even if ordered, such services are not provided yet.

[ 13 ] Considering the parties agreement and the evidence, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of X are still in danger; [ 16 ] ORDERS the placement of X in a foster family chosen by the institute operating a child and youth protection centre; [ 17 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and his mother until July 31, 2018; [ 18 ] ORDERS the Director of Youth Protection to provide the youth the services of an external educator; [ 19 ] ORDERS the mother to remain sober in presence of the youth; [ 20 ] RECOMMENDS to the mother to seek help for her personal issues; [ 21 ] ORDERS the police officer to collaborate in the execution of this order; [ 22 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. [ 23 ] The whole until July 31, 2018. __________________________________ DENYSE LEDUC, J.C.Q.

Me Geneviève Apollon Attorney for the applicant Me Angèle Tommasel Attorney for the mother Me Cassandra Neptune Attorney for the youth Date of hearing: September 5, 2017