2019 QCCQ 15130, 2019 QCCQ 15130

Protection de la jeunesse — 194716 2019 QCCQ 15130 QUÉBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] « Youth division »

N° : 455-41-000999-169 DATE : April 25, 2019 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on […], 2003 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A, [ … ] , district A; Applicant -and- A , […] ; -and- B , […] ; Children’s parents ______________________________________________________________________ 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.).

Introduction [ 1 ] The Director requests that the Tribunal’s decision rendered on February 21, 2018, be revised. [ 2 ] By this order, the Tribunal stated that the security and development of X were still in danger for the motive of educational neglect. [ 3 ] As protective measures, the Tribunal entrusted the youth to his mother, ordered that he attend school regularly, prohibited any contacts between X and his father, ordered that the youth receive all the health services required by his needs and ordered a social follow- up for a period of one year. [ 4 ] Today the Director considers that the security and development of the youth are still compromised for the same reasons. [ 5 ] Due to the new facts alleged, the Director recommends revising the protective measures so that X be entrusted to his maternal great-aunt, Mrs.

C, taking judicial notice of the Director’s intention to assess Mrs. C’s environment and to order, following a positive assessment of this environment, that the youth be entrusted to the foster family of Mrs. C. [ 6 ] The Director also recommends that the Tribunal authorizes contacts with the mother and the maternal extended family, that he prohibits all contacts between the youth and his father, and that a social follow-up be ordered, the whole for a period of six months. [ 7 ] At the final hearing of April 25, 2019, the mother is present and represented.

She agrees with the Director’s recommendations. [ 8 ] The father is absent and not represented by a lawyer. He is not present in the life of his son and the Court proceeds in his absence.

[ 9 ] The child’s lawyer agrees with the Director’s recommendations. Question in litigation [ 10 ] Do the recommended measures answer the needs of the youth and are they in his best interest?

Evolution of the situation [ 11 ] Following the last court order, X remained with his mother and his brothers and sister. [ 12 ] The apartment where they live is too small for all the people living there and is often cluttered and dirty, although the mother made some improvement in that regard. [ 13 ] X’ situation did not improve. [ 14 ] At school he showed very little interest in academic work and his attendance steadily decreased until he stopped going altogether in April 2018. [ 15 ] The mother did not provide with sufficient structure for X, allowing him to stay up late and sleeping in the morning. [ 16 ] X had been hanging out with negative peers. [ 17 ] He became a regular user of marijuana and experimented other substances. [ 18 ] When the next school year started, X was registered in a special program involving work study.

Unfortunately, because of his lack of attendance, he was asked to leave the program. [ 19 ] The mother has not improved in her parental skills.

Despite receiving services of an educator and from the delegate, the mother continues to be too lenient, incapable of setting and maintaining limits and predictable consequences. [ 20 ] She also has difficulty controlling her anger and impulses when conflicts occur. [ 21 ] X is exhibiting disrespectful behaviour at home. [ 22 ] By mid-November 2018, the situation escalated to the point where X was insulting towards his family members and punched a hole in the wall. [ 23 ] At that time, X had a girlfriend and spent a lot of time at her home with her parents, Mr. [D] and Ms. [E] in Town A. [ 24 ] By the end of November, the [D and E] family suggested that X remain with them and that he attend school in their neighbourhood. [ 25 ] The mother agreed with this plan up until she was asked to participate financially. [ 26 ] On November 27, 2018, Mr.

D testified in court that he was ready and willing to care for X. [ 27 ] He said he was in the military and was able to provide the youth with firm structure to which he was responding well. [ 28 ] So the Court entrusted X to Ms. E and Mr. D on a provisional basis. [ 29 ] On February 7, 2019, the Tribunal learns that this plan did not work out. [ 30 ] The Director presents with a new plan to entrust X to his great-aunt C. [ 31 ] All parties agreed and the Court again entrusted X on a provisional basis to Ms.

C. [ 32 ] On April 25, 2019, the Tribunal is informed that this plan is finally working out. [ 33 ] X is now attending an internship and is obeying by his great-aunt's rules. [ 34 ] He stopped using drugs as Ms. C does not tolerate any drug use. [ 35 ] He is keeping away from negative peers. [ 36 ] Ms.

C says she is ready to care for X until past his age of majority. [ 37 ] This commitment is commendable and the Court is glad that someone is able to care for the youth and help him reach his objectives. [ 38 ] These proceedings lasted for more than a year as it has been difficult to find the appropriate measures in X’ situation. [ 39 ] The present judgment completes and confirms each and every observations that were made on the bench in the presence of the parties. FOR ALL THESE MOTIVES THE COURT :

GRANTS the present application; DECLARES that the security and development of the youth X are in danger; ENTRUSTS the youth X to his maternal grandaunt, Mrs.C; TAKES JUDICIAL NOTICE of the Director of Youth Protection’s intention to assess Mrs. C’s environment in conformity with the Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements, and amending various legislative provisions; ORDERS following a positive assessment of Mrs. C’s environment,that the youth X be entrusted to the foster family of Mrs.

C for the duration of the present Court order; AUTHORIZES , in the youth’s favour, contacts with his mother and the maternal extended family, determined by the Director of Youth Protection; PROHIBITS all contacts between the youth and his father; ORDERS that the youth and his mother take an active

part in the application of any of the measures ordered by the Court; ORDERS that a person working for CIUSSS A of any other establishment or body, provide aid, counsel and assistance to the youth and his mother for a period of six months; ENTRUSTS the situation of the youth X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q. Me Andréanne Lacasse Counsel for the Directeur Of Youth Protection Me Cassandra Riendeau Counsel for the youth Me Maryse Pinsonneault Counsel for the mother Date of written judment : July 16, 2019 Exhibits deposited : D-11 Date of hearing : April 25, 2019