2015 QCCQ 19914, 2015 QCCQ 19914

Protection de la jeunesse — 157257 2015 QCCQ 19914 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000182-022 DATE: September 22, 2015 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ MRS [INTERVENEER 1], exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at [...], district A, [...] Applicant -and- X, residing at [...] in Ville A, district A, [...] Child -and- MRS A, domiciled and residing at [...] in Ville A, district A, [...] Mother -and- MR B, domiciled and residing at [...] in Waswanipi, [...] Father ______________________________________________________________________ JUDGMENT (Sec. 95 (1 and 2) and 75 of the Youth Protection Act ) ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection makes an application for the review of a decision rendered by Gendron J. on December 21, 2004, concerning X, born on [...], 1998. [ 2 ] At the hearing, the adolescent is present and represented by counsel. The Court heard evidence concerning the absence of the father in the life of his son.

The Court also learned that although the mother wasn’t duly served because she is in treatment program, the petitioner spoke to her and the mother signed a letter stating that she is in agreement with the Director’s recommendations. Accordingly, the Court dispensed the serving of the petition to the mother and the father on exceptional grounds following subparagraph 76 (

c) of the Youth Protection Act. ISSUE TO RESOLVE [ 3 ] The present case does not raise any litigious issue since the adolescent admits that his security and development remain endangered. The Director of youth protection seeks an order to withdraw from the parents the exercise of certain attributes of parental authority regarding the adolescent’s room and board while he will be in college and to grant the exercise of the said attributes to the foster family.

FACTS AND DECISION [ 4 ] On December 21, 2004, Gendron J. declared that the security and development of the adolescent continued to be endangered due to the mother's addiction to alcohol drugs and her personal instability. The father never played a role in his son’s life. X was then entrusted to a foster family until majority. [ 5 ] X has been living in the foster family operated by C and D for more than six years now. Not only is X doing well in his foster family who love and support him, but he is now registered to attend Canadore College in North Bay, in the fall.

He chose the path of academics and wishes to pursue his education. [ 6 ] The foster family is present at the hearing and is obviously quite proud of the adolescent’s accomplishments as is the Court and the petitioner.

[ 7 ] The Director has established the need for the revision of the previous judgment in order to allow X to fulfill his academic goals.

FOR THESES REASONS, THE COURT: [ 8 ] GRANTS the petition; [ 9 ] DECLARES that the security and the development of X, born on [...], 1998, remain endangered; [ 10 ] ORDERS that the adolescent be entrusted to a foster family until majority; [ 11 ] ORDERS that the adolescent remain in the foster family of Mrs C and Mr D until majority; [ 12 ] WITHDRAWS from the parents the exercise of certain attributes of parental authority regarding authorizations for room and board for schooling purposes as well as for medical and health services authorizations and GRANTS the exercise of the said attributes to Mrs C and Mr D; [ 13 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the adolescent, the mother and the foster family until the adolescent reaches majority; [ 14 ] ORDERS that the contacts between the mother and the adolescent be supervised by the Director of Youth Protection as to frequency and modalities; [ 15 ] ORDERS the police to collaborate to the respect of the present judgment; [ 16 ] ENTRUSTS the adolescent’s situation to the Director of Youth Protection for the execution of the present judgment. __________________________________ NANCY McKENNA, J.C.Q.

M e Julie Lemire Lemire, Gaouette & Martel Centre intégré de santé et de services sociaux Lawyer for the DYP M e Daniel Ouellette Lawyer for the adolescent Date of hearing: August 26, 2015