2017 QCCQ 19976, 2017 QCCQ 19976

Protection de la jeunesse — 1710348 2017 QCCQ 19976 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001083-085 DATE: July 10, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2004 YOUTH ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT and A MOTHER and B FATHER JUDGMENT (

Section 95 of the Youth Protection Act CQLR c. P-34.1) ______________________________________________________________________ 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 Director of Youth Protection submits a motion asking the review of a court decision rendered by the Honourable Denyse Leduc, on June 20, 2013, ordering the placement of X in a foster family until he reaches the age of majority.

In that judgment, certain attributes of parental authority have been withdrawn by the Court and authorization was given to the Director of Youth Protection to sign all documents pertaining to the teenager. [ 2 ] For this hearing, the mother is not present even if she has received copy of the motion on April 11. The father, also absent, likewise received copy of the procedures. [ 3 ] Both parents are not represented by counsel for the hearing. X is represented by Mtre. Constantin Kiryakidis and Mtre. Camille Champeval acts on behalf of the applicant.

Both counsels ask the Court to proceed notwithstanding the fact that the parents are absent. [ 4 ] It is in the best interest of X to know what is going to happen to him, and as the parents are not present in his life, the Court proceeds in their absence. [ 5 ] Almost all of the allegations of the motion are admitted by the teenager through his lawyer. It appears that X remained in the same foster family until May 16, 2016, when he was transferred to another foster family in Town A where he lived until December 3, 2016.

Behavioural issues led to these transfers. [ 6 ] X was part of numerous incidents in the school bus and on the school premises. He was finally expelled from the school bus. [ 7 ] On December 3, 2016, X was moved to another family where the behavioural disturbances started after two weeks. He trashed his bedroom when he would not get his way.

He left the house without any authorization. [ 8 ] At school, he was suspended on numerous occasions. [ 9 ] On March 27, 2017, he was placed in an emergency foster home due to his unwillingness to remain where he was placed and because of to the foster parents’ unwillingness to continue caring for him. [ 10 ] On April 4, immediate protective measures were taken and X was placed in a reception centre. At this point, X needs to be placed in a structured environment. [ 11 ] Neither parents are involved in their child’s life. The last time X saw his mother was during the 2015 Holidays when she had

him babysat while she went out drinking. [ 12 ] The mother does not have a stable home and lives in and out of shelters in Town B. [ 13 ] The Director of Youth Protection recommends that X be placed in a rehabilitation centre for a period of nine months with a reintegration in a foster family where a life plan will be established for him. [ 14 ] A revision report signed by Mrs. [Social Worker 1] is filed. [ 15 ] The teenager is in agreement with the recommendations of the Director of Youth Protection. [ 16 ] X seems to be well aware of his behavioural disturbances, but does not seem to know why he reacts so intensively.

He will need help in order to solve personal issues causing these behavioural disturbances. [ 17 ] After his placement in a rehabilitation centre, an appropriate foster family must be found where stability would be of paramount importance.

FOR THESE MOTIVES, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of X are still endangered; [ 20 ] ORDERS the placement of X, born on [...], 2004, in a rehabilitation centre for a period of nine months with integration in a foster family where he will reside until he reaches the age of majority; [ 21 ] WITHDRAWS certain attributes of parental authority from the parents concerning social activities, school activities, extracurricular activities, health services, medical care, social insurance number, drivers’ licence, travelling and passport request and AUTHORISES the Director of Youth Protection A to exercise these powers in the best interest of the teenager; [ 22 ] ORDERS that access rights between the parents and the youth be supervised by the Director of Youth Protection as for the frequency, modalities and that they be established in the best interest of X; [ 23 ] ORDERS that aid, counselling and assistance be provided to X and his family until he reaches the age of majority; [ 24 ] ORDERS that X be offered to work with a therapist to solve his personal issues; [ 25 ] ORDERS any police officer to collaborate to the execution of the Court orders, if requested to do so by the Director of Youth Protection; ENTRUSTS the teenager’s situation to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Camille Champeval DPJ A Lawyer for the applicant Mtre. Constantin Kiryakidis Centre communautaire juridique A Lawyer for the youth Date of hearing: May 24, 2017