2021 QCCQ 9217, 2021 QCCQ 9217
Opinion
Protection de la jeunesse — 215344 2021 QCCQ 9217 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »
N° : 145-41-000455-144 DATE : August, 4 th , 2021 Oral judgment BY THE HONOURABLE ANDRÉE ST-PIERRE, JCQ In the situation of: X Born on [...], 2003 [SOCIAL WORKER 1], in his quality of authorized person by the Director of Youth Protection, of the Centre intégré de santé et de services sociaux A, Applicant - and - A (Deceased) Mother JUDGMENT ON APPLICATION FOR REVISION OF ORDER 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 (DYP) asks the Court to revise the Court order dated January 28 th , 2020, entrusting X to a rehabilitation center and to entrust him to B, a foster family until the date of his majority. The teenager is 17 years old. [ 2 ] The teenager agrees with the measures recommended. [ 3 ] The teenager’s mother passed away in June 2015. [ 4 ] The Director of Youth Protection has been in the teenager’s life since 2013.
At first, the teenager has been entrusted to B and C. From October 22 nd , 2018 until December 2018 he was in a rehabilitation center. In December 2018, he was entrusted to a new foster family but the situation deteriorated and he was entrusted to a rehabilitation center again in June 2019. [ 5 ] On January 28 th , 2020, justice Poirier, C.Q., noted that the adolescent’s progress was slow and recent. He had run away from the unit on a few occasions. He did not return to the rehabilitation center once a month from December 2020 to April 2021. Those unauthorized leaves initiated Search and Seize Court orders.
Each time he was found and brought back to the center. [ 6 ] The teenager wants to be entrusted to the foster family where his siblings are entrusted and where he used to live himself. He agrees to follow the rules of the foster parents and apparently he does since he returned there on provisional measures. The teenager attends school, he takes his education seriously. He will be 18 years old in November and he needs to prepare his autonomy. The responsibilities within his foster home enable him to move forward towards his independence. [ 7 ] Mr. C, Mrs.
B’s spouse, confirms that since X is at his place, he listens, respects his curfew and assumes the responsibilities he has. [ 8 ] The teenager’s development is still endangered and the measures agreed upon by the parties meet his best interest. FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the application for revision of order;
[ 10 ] DECLARES that the security and development of X is at risk; [ 11 ] ORDERS that X be entrusted to a foster family designated by DYP; [ 12 ] RECOMMENDS that the foster family be that of B and C; [ 13 ] AUTHORIZES that all decisions with regard to authorizations concerning routine or urgent health services, social, academic, extra-curricular activities, as well as to obtain a passport, a social insurance card, a driver’s license or any other legal document that may be needed, be taken by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A along with the foster parents; [ 14 ] ORDERS that a person working for DYP provides aid, counsel and assistance to the teenager and his foster family; [ 15 ] ENTRUSTS the situation of X to the Director of Youth Protection until [...], 2021, date of his majority, for the carrying out of these measures.
Signed on August, 24 th , 2021 ANDRÉE ST-PIERRE, J.C.Q. Me Mylène Pelletier-Rivet contentieux cisss A Lawyer for the Director of Youth Protection Me Alexis Deschênes centre communautaire juridique A Lawyer for the teenager Hearing dates: August, 4 th , 2021
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