2019 QCCQ 15182, 2019 QCCQ 15182

Protection de la jeunesse — 1911716 2019 QCCQ 15182 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-001177-093 DATE : November 27, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2003 and A B Parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a youth or the youth’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). Introduction [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on November 27, 2019. [ 2 ] The court is seized of an application for extension presented by the Director of youth protection (DYP) of a decision rendered on January 29, 2019, requesting that the security and development of the youth be declared still in danger. [ 3 ] Consequently DYP asks the Court to entrust the youth to a foster family, as well as other measures to resolve the situation.

Question in litigation [ 4 ] Are the security and development of the youth still compromised? In the affirmati-ve, do the recommended measures answer her needs and are they in her best interest?

Context and Analysis [ 5 ] The proof reveals that the mother and youth are in agreement with the recommendations of the DYP. [ 6 ] The parents are not in a position to take their son, and offer him the environment, and structure that he needs. [ 7 ] X have a strong bond with his maternal extended family and he would benefits having a chance to be fostered by one of them. [ 8 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the youth are still in danger and that the measures suggested meet her needs and deemed to be in her best interest.

THEREFORE AND FOR THESE REASONS, THE COURT:

[ 9 ] GRANTS the application; [ 10 ] DECLARES that the security and development of the youth are still compromised; [ 11 ] EXTENDS the decision rendered on January 29, 2019; [ 12 ] ENTRUSTS the youth to a foster family, in the extended family; [ 13 ] ORDERS the youth and his parents to take an active

part in the application of the measures ordered by the tribunal; [ 14 ] ORDERS the youth and his parents to report in person, at regular intervals to the DYP to inform him of the current situation; [ 15 ] ORDERS the youth to attend school or another place of learning or participates in a program geared to developing skills and autonomy; [ 16 ] ORDERS that the youth and the family receive the services of an external educator as long as deemed necessary by the professionals; [ 17 ] ORDERS the parents to remain sober and without any violent behaviour in the presence of the youth; [ 18 ] ORDERS that the contacts between the youth and her parents be supervised by the DYP as to the frequency and modalities, and degree of supervision; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 20 ] ENTRUST the situation of the youth to the DYP who shall then see that the measures are carried out; THE WHOLE , until November 30, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Adèle Cyr Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the youth Mtre Angèle Tommasel Counsel for the mother