2016 QCCQ 15423, 2016 QCCQ 15423
Opinion
Protection de la jeunesse — 167524 2016 QCCQ 15423 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001417-119 DATE: November 21, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 1999 MR [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in A City , Quebec, District A Applicant and MRS A, unknown address in B City , Quebec, district B Mother and MR B, residing and domiciled in A City , Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) and 75 Y.P.A., R.S.Q. 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 of the A C.Y.P.C. submits the Court a motion for revision of a decision rendered on February 16, 2016 by Honourable Lise Gagnon concerning the situation of X, 17 years old. [ 2 ] The delegate of the Director of Youth Protection, Mr [Social Worker 1], asks that the youth be entrusted to his father and receives services until his majority. [ 3 ] At the hearing, the mother is absent. The father absent, is represented by Me Angela Tommasel.
Me Cassandra Neptune represents the youth and Me Aubrée Coutanson the applicant. [ 4 ] The parties admit most of the facts alleged and agree with the measures. [ 5 ] Since the last judgment, the youth remained in a foster family in C City until May 2016. Because of his disrespectful behaviour towards the foster parents, he was kicked out. In the second foster family, the foster parents stopped their implication after they suspected the youth of stealing.
His placement became unstable because of his behaviour. [ 6 ] On June 3, 2016, while coming back in his community from a home visit to his father, he got off in D City and the youth never came back in his foster family. [ 7 ] On July 7, 2017, the youth met an external educator and informed her he was staying with relatives. Since, he is meeting the educator regularly and works to develop autonomy skills. His father is aware of the situation and agrees to it. [ 8 ] The youth has a part-time job and he agrees to return to professional or regular school. The youth is regularly in contact with his father.
He does not have any contact with his mother, who is homeless in B City . [ 9 ] Considering that the youth did not create any bound with foster parents, that he wants to develop his autonomy, being 17 years old, that he agrees to receive the counselling of the educator, as the father agrees to assume the child’s responsibility and agrees that his son remain with extended family in D City; FOR THESE MOTIVES, THE COURT: [ 10 ] GRANTS the petition;
[ 11 ] DECLARES that the security and development of X are still in danger; [ 12 ] REMAINS the youth X with his father until his majority; [ 13 ] TAKES judicial notice that the father agree that the youth remain with the extended family in D City; [ 14 ] ORDERS the Director of Youth Protection to provide the youth the services of an external educator until [...], 2017; [ 15 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and his father for the duration of the judgment; [ 16 ] ORDERS the youth to report in person at regular intervals at least once a month to the social worker; [ 17 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.
Me Aubrée Coutanson Attorney for the applicant Me Angela Tommasel Attorney for the father Me Cassandra Neptune Attorney for the youth Date of hearing: October 12, 2016
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