2020 QCCQ 9878, 2020 QCCQ 9878
Opinion
Protection de la jeunesse — 201459 2020 QCCQ 9878 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000202-178 DATE: January 7, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ MR. [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant -and- X, [...] Adolescent -and- MRS. A, [...] Mother -and- MR.
B, [...] Father ______________________________________________________________________ JUDGMENT (Sec. 95 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, 11.2.1 and 135 Y.P.A.). [ 1 ] In the situation of X, born on [...], 2004. [ 2 ] The Director of Youth Protection (the Director) submitted an application to the Court for a review of the decision rendered on January 9, 2019, entrusting the adolescent to a foster home for a period of 12 months including aid, counselling and assistance to the adolescent and his family for a period of one year. [ 3 ] The Director alleged a long series of facts.
This judgment refers to those facts. [ 4 ] The Director recommends that the Court entrust the adolescent to the foster home of Mrs. C and Mr. D until he reaches the age of majority on [...], 2022. [ 5 ] The mother admits most of the facts alleged in the motion, but she expressed that since the last judgment she has taken valid steps to improve her situation.
Nevertheless she is in agreement with the recommendations. [ 6 ] The father admits most of the facts alleged in the motion, he feels that he is involved in the life of his son and will respect his wishes. [ 7 ] The adolescent admits the facts alleged in the motion. He is happy in his current foster home and agrees with the recommendations. [ 8 ] The evidence reveals that the adolescent is now 15 years old. [ 9 ] He has remained in the same foster home since the judgment rendered on January 9, 2019. [ 10 ] In June and August 2019, he had suicidal ideation and was admitted to the hospital for observation.
[ 11 ] The youth followed intensive psychiatric therapy in August 2019. [ 12 ] In September he started not respecting the foster family rules. He then decided to live with his girlfriend. He was not attending school regularly. [ 13 ] In December 2019, both the youth and the foster parents decided to be reunited. [ 14 ] The youth’s behaviour got better and he is now trying to follow the foster home rules. [ 15 ] The mother remains minimally involved in the youth’s life and the father feels that he is involved, but the evidence reveals that he is minimally involved. [ 16 ] The parent’s situation remains the same.
The foster mother testified that she is really concerned about the youth and she is committed to answer his needs. [ 17 ] The goal and objectives of the DYP intervention is for the youth to maintain a good academic school year, attend school regularly, to address is anger, frustration and other personal issues, and to respect parental authority of his foster parents who are proper parental figures and role models in his life. [ 18 ] Given the age of the adolescent, his needs and the fact that the mother and father are not in a situation to answer their son’s needs and to exercise their parental authority on a daily basis, to do that they should address their personal issues in order to have a safe environment for their son to return.
For the time being they can’t provide the security and structure that their son needs. Therefore, the Court concludes that all the recommendations made by the DYP are in the best interest of the adolescent. FOR THESE MOTIVES, THE COURT: [ 19 ] GRANTS the motion; [ 20 ] REVISES the decision rendered on January 9, 2019; [ 21 ] DECLARES that the security and development of the adolescent are still in danger; [ 22 ] ORDERS that adolescent X be placed in his current foster home with Mrs. C and Mr.
D until he reaches the age of majority on [...], 2022; [ 23 ] ORDERS that X continue to attend school on a regular basis; [ 24 ] ORDERS that X continue with his mental health follow-up; [ 25 ] ORDERS that the adolescent have access to all health and psychological services if deemed necessary; [ 26 ] ORDERS that the frequency and modalities of contacts between X and his parents be agreed upon by all parties; [ 27 ] ORDERS that aid, counselling and assistance be provided to the adolescent and his parents until he reaches the age of majority; [ 28 ] ORDERS the execution of the present decision by a peace officer; [ 29 ] ENTRUSTS the situation of the adolescent to the DYP who shall then see that the measures are carried out.
Signed in _________ on January ___ 2020 __________________________________ LUCIE GODIN, J.C.Q. M e Adelia Ferreira [...] Board of Health and Social Services Lawyer for the DYP M e Michel Grenier Lawyer for the adolescent M e Antoine Meunier Legal Aid Lawyer for the mother
M e Marie-Josée Ayoub Ayoub Avocats inc. Lawyer for the father Date of hearing: January 7, 2020
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