2022 QCCQ 13029, 2022 QCCQ 13029

Protection de la jeunesse — 224355 2022 QCCQ 13029 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000486-193 DATE: August 18, 2022 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...]; Applicant and X, born on [...], 2009; Child and A, Mother and B, Father ______________________________________________________________________ JUDGMENT (sections 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A (the Director) asks the Court to review the decision rendered on November 29, 2021, by Honourable Lucie Godin, in the situation of X, 13 years old. [ 2 ] He asks that the child be entrusted to the parents with various measures for the child and his parents for a duration of one year. [ 3 ] The parents are present to the hearing and represented by Me Justine Bergeron.

Me Marie-Josée Ayoub represents the child and Me Magdalena Lempicka, the applicant. [ 4 ] A revision report, a psychological assessment report and two observation reports from the Rehabilitation Centre are filed. [ 5 ] The evidence reveals that the child remained at the City A Reception Centre and that his behavior improved greatly. He visited his parents regularly and no incidents were reported. [ 6 ] The parents’ situation also improved. The mother has been sober for more than two years. The father’s involvement with X improved. [ 7 ] At the Reception Centre, X attended school regularly.

He displayed aggressive behavior during spring time. He can present challenging and confronting behavior. He can be disrespectful and demanding when he does not get his way. He does not always collaborate with authority. [ 8 ] The psychologist Dr. Myriam Chrétien evaluated last February that X has deficits in intellectual functioning such as reasoning problem solving, planning abstract thinking, judgment, academic learning and learning from experience. He also have a deficit in adaptive functioning.

He does not meet developmental and sociocultural standards for personal independence and social responsibility. [ 9 ] Consequently, he is vulnerable. He is immature and at risk of being manipulated. He needs support, structures and services. [ 10 ] The parents are well aware of the specific needs of X.

They will have to structure him by imposing him rules and regulations. [ 11 ] With the improvement X realised up today at the Reception Centre, as the parents are now dedicated to assume the child and provide him a secure, stable and caring milieu. [ 12 ] Considering the parties’ agreement, FOR THESE MOTIVES, THE COURT:

[ 13 ] GRANTS the application; [ 14 ] DECLARES that the security and development of X are still in danger; [ 15 ] ENTRUSTS the child to the parents at the specific conditions that: 1. X attends school regularly. 2. X respects all the rules fixed by his parents with the support of the Director. 3. X participates at workshops and treatment for alcohol and drug consumption. 4. X refrains from using alcohol and/or drugs. 5.

X continues the counseling he requires. [ 16 ] ORDERS the Director to provide aid, counsel and assistance to the parents and the child for 12 months; [ 17 ] ORDERS the parents to seek parenting skills program and/or workshops; [ 18 ] AUTHORIZES the Director to share and obtain information from the service providers working with the parents and the child; [ 19 ] ORDERS any peace officer to collaborate with the execution of the present judgment if the Director asks; [ 20 ] ENTRUSTS the situation of the child to the Director who shall then see that the measures are carried out.

Signed on August 29, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Me Magdalena Lempicka Magdalena Lempicka, avocate For the applicant Me Marie-Josée Ayoub Ayoub Avocats inc For the child Me Justine Bergeron Yves Ménard Avocats inc. For the parents Date of hearing: August 18, 2022