2019 QCCQ 12344, 2019 QCCQ 12344

Protection de la jeunesse — 192871 2019 QCCQ 12344 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 635-41-000930-195 DATE: March 1, 2019 ____________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ____________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and X, born on [...], 2003 Youth and A, deceased Mother and B Father _____________________________________________________________________ JUDGMENT ON AN APPLICATION FOR PROTECTION ( Sections 38 and 75 , Youth Protection Act , CQLR, c.

P-34.1 ) _____________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied to the Court to have the security and development of X, born on [...], 2003, declared to be in danger pursuant to ss. 38 ( b ) (1) iii, ( b )(2) and (

c) of the Youth Protection Act . [1] [ 2 ] At the hearing, the father was not present, even though he was notified by the police. He received a copy of the Court proceeding and was provided with a plane ticket. He did not travel to attend Court and was not represented by counsel. The youth was not present, but was represented by counsel. Facts: [ 3 ] Through his lawyer, the youth did not wish to make any admissions, because he did not want to talk against his family. [ 4 ] He is now attending school on a regular basis. [ 5 ] The father and his spouse display alcohol consumption and conjugal violence issues.

On several occasions, the police had to intervene with them as they were intoxicated. [ 6 ] The father is often out of the community and the youth is not properly supervised. The youth was not attending school on a regular basis. The father’s spouse often denigrates him or is verbally aggressive towards him and the father does not intervene. The youth said that he does not want to be in the family home and does not feel safe. [ 7 ] The father does not cooperate with Youth Protection.

FOR THESE REASONS, THE COURT: [ 8 ] GRANTS this application; [ 9 ] DECLARES that the security and development of X, born on [...], 2003, are in danger under ss. 38 ( b ) (1) iii, ( b )(2) and (

c) of the Youth Protection Act ;. [2] [ 10 ] ORDERS that the youth be entrusted to a foster family, chosen by the Director of Youth Protection, and be allowed to return to the father’s home when the situation allows;

[ 11 ] RECOMMENDS that the foster family be in Town B or Town C; [ 12 ] ORDERS the youth and the youth’s father to take an active

part in the application of any of the measures ordered by the Court; [ 13 ] ORDERS the youth and the youth’s father to report in person, at regular intervals, to the Director to inform him of the current situation; [ 14 ] ORDERS that contact between the father and the youth be determined by the Director with respect to the terms, frequency and degree of supervision; [ 15 ] ORDERS the father to remain sober in the presence of the youth; [ 16 ] ORDERS the father to refrain from any violent behaviour in the presence of the youth; [ 17 ] RECOMMENDS that the father seek help through Social Services for his alcohol and personal issues; [ 18 ] ORDERS the father to ensure that the youth attend a school or another place of learning or participate in a program geared to developing skills and autonomy and that the youth undertake to do so; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 20 ] ORDERS the police to cooperate in the execution of this judgment; [ 21 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out.

THE WHOLE UNTIL DECEMBER 31, 2019. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Geneviève Apollon Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the youth Date of hearing: March 1, 2019