2021 QCCQ 14656, 2021 QCCQ 14656

Protection de la jeunesse — 218239 2021 QCCQ 14656 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-033815-184 Date: September 15, 2021 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2007 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father (deceased) The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.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 Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of September 15, 2021, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision of an order rendered by the undersigned on January 15, 2021, whereby the now fourteen year-old adolescent, X , was entrusted to his father with aid, counsel and assistance, for a period of one year. [ 3 ] The Court was also presented with a similar application regarding the adolescent’s brother whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the application for revision dated April 27, 2021, are as follows: 3.1. the children remain in the father’s care; 3.2. on April 24, 2021 the father died in a car accident; 3.3. since the last judgment, the visits between the mother and the children have been increasing and have been unsupervised; 3.4. the contacts between the mother and the children have been positive; 3.5. the mother has been involved in the children’s schooling and medical follow-up; 3.6. since the accident, the children have remained in the mother’s care; 3.7. the children have expressed wanting to live with their mother and her partner, Mr.

C; 3.8. the Mother and her partner have fully collaborated with the Director of Youth Protection and are open to receive services; 3.9. the mother and her partner have expressed wanting to care for the children (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the adolescent be entrusted to his mother, with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 6 ] The mother, assisted by Me Sureau, admitted all the alleged facts and agreed to the proposed measures.

[ 7 ] The adolescent, assisted by Me Robert, also admitted the allegations and consented to the proposed measures. [ 8 ] The Director filed Exhibit D-16 as evidence: D-16: 95 Court Report, prepared by [Social Worker 1], dated September 2, 2021. [ 9 ] In

summary, the mother has been actively collaborating to ensure that the children’s needs are met since they have been returned to her care following the tragic loss of their father. [ 10 ] The mother is attentive to the adolescent’s needs and concrete steps are being taken to help him cope with the situation: Since the passing of Mr. B, Ms. A felt that X has been reserved with his emotions and has difficulty opening up about his feelings. The undersigned suggested for X to have an outlet that can channel his emotions while keeping him busy during the summertime.

After a discussion with X, he informed the undersigned and Ms. D that he enjoys boxing and used to go to the gym with his father. The undersigned supported the family in getting a subsidy in order for X to get a gym membership to the Gym A which is connected to the boxing gym B. X has been going minimally three times per week and Mr. C has been accompanying him.

X has been very dedicated to the gym and reports that he is enjoying it. [2] [ 11 ] The mother is also being supported by the Director of Youth Protection in completing all the administrative tasks required to secure government benefits for her children. [ 12 ] The need for ongoing support while the family adjusts to its new circumstances is acknowledged by the parties. [ 13 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the adolescent’s interest.

THEREFORE, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES that the security and development of the adolescent, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 16 ] ORDERS that the adolescent be entrusted to the care of his mother; [ 17 ] ORDERS that the adolescent attend school regularly; [ 18 ] ORDERS that the adolescent receive all health care services required by his situation, including grief counselling if he accepts it; [ 19 ] RECOMMENDS that the mother not consume any drugs or alcohol in the presence of her children; [ 20 ] AUTHORIZES the unsupervised presence of Mr.

C with the adolescent, TAKING JUDICIAL NOTICE of Mr.

C’s agreement to undergo random substance use testing if requested by the Director of Youth Protection; [ 21 ] RECOMMENDS that the mother and adolescent benefit from support services to address their personal issues, including grief counselling; [ 22 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with professionals working with the family; [ 23 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and his family, including the services of an educator as long as deemed necessary; [ 24 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A, who shall then see that the measures are carried out; [ 25 ] THE WHOLE for a period of nine months.

Signed on September 21, 2021 TAYA DI PIETRO, Q.C.J. Me Marie-Ève Guindon Attorney for the Director of Youth Protection Me Delphine Robert Attorney for the adolescent Me Maïa Sureau Attorney for the mother TD/vl