2020 QCCQ 7288, 2020 QCCQ 7288

Protection de la jeunesse — 206119 2020 QCCQ 7288 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-000986-197 DATE: August 24 th 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2004 Youth [SOCIAL WORKER 1] , youth protection workers, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (

Section 95 Youth Protection Act , 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 asks the Court to review the decisions rendered on December 10 th 2020 concerning the youth, X. [ 2 ] The Court proceeds through visioconference on August 24 th 2020. [ 3 ] The father was notified of the proceeding but is absent.

Court proceeds in his absence. [ 4 ] The mother, assisted by her lawyer, admits some of the allegations and agrees with the measures proposed by the Director. [ 5 ] The mother points out that the maternal grandmother is still alive. The social worker says that this information was a mistake. [ 6 ] The youth, assisted by a lawyer, admits most of the alleged facts and agrees with the measures. [ 7 ] The youth is now 16 years old.

The last Court order entrusted him to a rehabilitation centre. [ 8 ] He had a hard time at first but since he was transferred to another reception centre, he was much more open to collaborate. He respected rules and curfew when he was allowed visitations with his extended family. [ 9 ] The father was involved but has no permanent residence of his own and cannot offer stability to his son. [ 10 ] The mother lives in Town A and works with [Company A]. [ 11 ] She made great efforts to reinstall her relationship with her son.

She went to see him at the reception centre “A”; [ 12 ] The youth now lives with his grandmother in his community. He is ready to be given more autonomy in a foster family. FOR ALL THESE REASONS, THE COURT:

[ 13 ] GRANTS the application; [ 14 ] REVISES and EXTENDS the decision rendered on December 10 th 2019; [ 15 ] DECLARES that the security and development of the youth, X, are still in danger; [ 16 ] ORDERS that the youth be entrusted to a foster family chosen by the institution operating a child and youth protection centre, namely that of Ms D; [ 17 ] ORDERS that the youth be reintegrated with the father or the mother, when the situation allows it; [ 18 ] ORDERS that the contacts between the youth and the parents be encouraged but determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 19 ] ORDERS that the youth receive specific healthcare and health services notably a psychological evaluation; [ 20 ] TAKES ACT that at this time, the youth does not wish to participate in said evaluation but that he has a right to change his mind; [ 21 ] ORDERS that the youth and the family receive the services of an external educator; [ 22 ] ORDERS that the youth attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 23 ] ORDERS that the mother’s address remain confidential; [ 24 ] ORDERS that the youth and the family take an active

part in the application of the measures; [ 25 ] ORDERS that the youth and the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 26 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the youth and the family; [ 27 ] ENTRUSTS the situation of the youth, X, to the Director of Youth Protection for the execution of the measures; [ 28 ] ORDERS the police to collaborate to the execution of the enactment; [ 29 ] THE WHOLE until August 31 st 2021. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Genevieve Appolon, Attorney for the applicant Mtre David Boudreau, Attorney for the youth Me Nada Boumeftah, Attorney for the mother