2019 QCCQ 14439, 2019 QCCQ 14439

Protection de la jeunesse — 194446 2019 QCCQ 14439 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] « Youth division »

N° : 455-41-001237-197 DATE : July 4, 2019 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on […], 2005 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A-CHU A, working at [...], Town A (Quebec), […], district A; Applicant -and- A , […], Town B, […]; -and- B , […], Town C, […]; Youth’s parents ______________________________________________________________________ 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.). Introduction [ 1 ] The Director is requesting that the security and development of the youth X be declared in danger for the motive of educational neglect. [ 2 ] Today, the Director is recommending that the youth be entrusted to the foster family of Ms. C and Mr.

D until […], 2023, that the contacts with each of his parents and with his paternal grandmother be authorized in his favour and in his best interest according to the modalities set with the Director and that to take notice that the mother is currently refusing to participate in contacts with her son. [ 3 ] The Director also request that the Tribunal order that the youth receive specific health care and health services, in regards to the diagnosis of ADHD, that X respect the medical recommendations concerning his medication, and a social follow-up, the whole until […], 2023. [ 4 ] The mother is absent.

She has been served and has renounced to the delays. She has mentioned to her delegate that she intended not to be present in court. The Tribunal proceeds in her absence.

[ 5 ] The father is present and not represented. He agrees with the Director’s recommendations. [ 6 ] X is present and represented. His lawyer presents that the Director’s recommendations are in conformity with the youth’s wishes. Context and Analysis [ 7 ] The situation of X has been the object of Voluntary measures Agreements as is alleged by the Director: «

a) X was entrusted by his mother to his paternal grandmother, Ms E, from November 30 th , 2016 until January, 2018;

b) In January 2018, the grandmother was no longer able to supervise X and needed help due to his behavior;

c) X, 14 years old, live with his current foster family since January, 2018;

d) He has a ADHD diagnosis for which he takes medication (Biphentin) and his medical follow-up is ensured by the foster family, the mother and the grandmother;

e) X attends School A in lever 3; Since he was entrust to a foster family, X attend school regularly and is motivated;

f) He also has good results and a network of friends;

g) In January 25, 2018, an interim agreement was signed with the parents to entrust X to a foster family, Ms C and Mr D;

h) In February 7 th , 2018 a first agreement on voluntary measures is signed for a period of 8 months;

i) In October 1, 2019, a second voluntary measure is signed until June 30 th , 2019;

j) Since January 2018, X’ behavior improved; He shows neither physical nor verbal violence;

k) Ms A shows involvement and desire to positively change her relationship with her son ; Unfortunately, she cannot give him at this moment the guidance he needs and the security that his relationship with his father will be maintained;

l) Mr. B lives with his mother, Ms E; He occasionally consumes cannabis;

m) He believes that it would be easier for him, to supervise his son if he did not live with his mother ; The process of finding a house have been unsuccessful until now;

n) The contacts between X, his parents and his grandmother are positive ; They take place once every three weeks;

o) X agrees that his grandmother is aging and she cannot provide him the frame he needs;

p) The current foster family is available to take care of X until his majority;

q) X considers that this foster family is a neutral place to live in order to avoid the conflicts between his parents; » ( Sic ) [ 8 ] In this situation, the entrustment to a foster home until his age of majority answers his needs. [ 9 ] This and the other measures recommended by the Director need to be put in place so that his security and development are secured. [ 10 ] The present judgement completes and confirms each and every observations that were made on the bench in presence of the parties. FOR ALL THESE MOTIVES THE COURT : GRANTS the present application; DECLARES that the security and development of the youth X are in danger under

article 38 b) 1̊ iii) (situation of educational neglect); ENTRUSTS the youth X to the foster family of Ms. C and Mr. D until […], 2023; AUTHORIZES , in the favor of the youth X and in his best interest, contacts with each of his parents and with his paternal grandmother, according to the modalities set with the Director of Youth Protection; TAKES NOTICE that the mother is currently refusing to participate in contacts with her son; ORDERS that the youth receive specific health care and health services, in regards to the diagnosis of ADHD, and that X respect the medical recommendations concerning his medication; ORDERS that the youth and his parents take an active

part in the application of the measures ordered by the Tribunal; ORDERS that a person working for an institution of body provide aid, counsel and assistance to the youth X and his family until […], 2023;

ENTRUSTS 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. Me Idil Abdi Counsel for the Directeur Of Youth Protection Me René Sévigny Counsel for the children Date of written judment : July 17, 2019 Exhibits deposited : D-1 to D-3 Date of hearing : July 4, 2019