2014 QCCQ 19091, 2014 QCCQ 19091

Protection de la jeunesse — 147194 2014 QCCQ 19091 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000481-119 610-41-000564-120 DATE: December 23, 2014 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2002 Y , born on [...], 1997 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection working at […] in CITY A , district A (Quebec) […] Applicant and A , residing and domiciled at [...] in CITY B , district B [...] Mother and B , residing and domiciled at [...] in CITY B , district B [...] Father of X ______________________________________________________________________ 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.). [ 1 ] The applicant asks the Court to review decisions rendered on July 11, 2014 and February 27, 2014. [ 2 ] On July 11, 2014, the Court maintains that the security or development of X , born on [...] , 2002, was still endangered pursuant to the Law. As one of the measures the Court entrusts the youth to his parents. [ 3 ] On February 27, 2014, the Court maintains that the security or development of Y , born on [...] , 1997, was still endangered pursuant to the Law.

As one of the measures the Court entrusts the youth to his mother. [ 4 ] Both youths have the same mother. There is no father registered on Y 's birth certificate. [ 5 ] The applicant asks the Court to review both decisions because the youths' situations are no more endangered. They ask the Court to acknowledge that the Director of Youth Protection will close both files. [ 6 ] The mother is present and not represented. She does not wish to be represented. She agrees with the applicant's recommendations. [ 7 ] X 's father is absent.

He was served on November 13, 2014 and has chosen not to attend the Court audience. [ 8 ] As for Y he was served on November 18, 2014. On July 8, 2014, the youth is admitted in a secure facility at A Youth Center in CITY C , [Province A]. On the same date he has a bail hearing concerning serious criminal charges. His bail is denied and the youth remains detained at the Youth Center. [ 9 ] The youth will turn 18 years old in February 2015. On August 27, 2014, he pleads guilty to the charges. He will attend Youth Court on October 28, 2014 to be sentenced.

Because of the seriousness of the charges the youth faces a long detention sentence. [ 10 ] Both youths are absent. X is represented by a lawyer who declares to have a clear mandate from her client. He agrees with the applicant's recommendations. [ 11 ] The attorney for the Director of Youth Protection filed on D-3 and D-4 X and Y 's revision reports. The applicant testifies on the youths' situations. [ 12 ] The mother acknowledges that X is doing well and that he is well adapted to his new school in [Province A].

If she needs help she will not hesitate and will contact the applicant. [ 13 ] According to the evidence as a whole the mother decided to move to [Province A] to have a better life for her children. She

knows that Y will remain in detention for a long period of time and she agrees to remain supportive to him. [ 14 ] The family has made a tremendous amount of progress. [ 15 ] Considering that Y will turn 18 years old in February 2015 and that he has had many struggles in his life.

Therefore the Court: [ 16 ] Considering that Y as a young boy was only dealing with behaviour issues and that he is now involved with the Youth Criminal Justice system dealing with serious charges. [ 17 ] Considering that Y will receive the care he needs from the criminal justice system. [ 18 ] Considering that Y now lives in [Province A]. [ 19 ] Considering that X 's situation has improved according to the mother. [ 20 ] Considering that Y and X 's family moved in CITY B [Province A] last September. [ 21 ] Considering that the mother does not intend to come back to live in the province of Quebec. [ 22 ] Considering that the mother agrees to continue to receive help for her youths in [Province A]. [ 23 ] Grants the applications; [ 24 ] Declares that Y , born on [...] , 1997 and X , born on [...] , 2002, security or development are no more endangered according to the Youth Protection Act of the province of Quebec considering that they are now domiciled in the province A; [ 25 ] Acknowledges that the Director of Youth Protection will close the adolescents' files as soon as the Court order will be rendered. __________________________________ Josée Bélanger, J.C.Q.

Me Julie Lemire, attorney for the applicant Me Peggy Warolin, attorney for X Date of hearing: November 26, 2014