2019 QCCQ 11245, 2019 QCCQ 11245

Protection de la jeunesse — 192036 2019 QCCQ 11245 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 640-41-000843-059 DATE: February 26, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working [...] Applicant and X, born on [...], 2002 Youth and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (Sections 95 (para. 2) and 75, Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied to extend a decision under s. 95 of the Youth Protection Act , [1] rendered on February 21, 2018 by the Honourable Jean Gravel, J.C.Q.

At that time, he declared that the security and development of X were still in danger and entrusted him to a foster family until February 28, 2019. [ 2 ] At the hearing, the mother was not present, but was represented by counsel. The father was duly served, but was not present or represented. [ 3 ] The parties agreed that the youth and the foster family could testify by videoconference.

FACTS: [ 4 ] The father’s situation remains the same, as he has not been involved in the youth’s life since his birth. [ 5 ] On March 12, 2018, the mother contacted Youth Protection as she was in custody. [ 6 ] On May 18, 2018, the mother informed Youth Protection that she would be released from custody around June 29, 2018. The mother has been homeless in Town A since being released from custody. [ 7 ] The youth has not had any contact with the parents since the last Court hearing.

The mother, however, contacted Youth Protection on several occasions for information on the youth’s whereabouts. [ 8 ] The youth has been entrusted to three different foster homes in Town B since the last Court hearing. [ 9 ] On August 29, 2018, the youth said that most of the time he was living with his previous foster family, Ms. C and that he is doing well. The foster mother is willing to take care of the youth until the age of majority.

[ 10 ] The mother and the youth agreed that X will stay with Ms. C until his majority. [ 11 ] Ms. C testified that the youth was adapting well to her family. She did not have any problem with him. He was also getting along well with her three children. She wants to foster X until his majority. FOR THESE REASONS, THE COURT: [ 12 ] GRANTS this application; [ 13 ] EXTENDS the decision or order rendered on February 21, 2018; [ 14 ] DECLARES that the security and development of X, born on [...], 2002, are still in danger; [ 15 ] ORDERS that the youth be entrusted to a foster family, namely Ms. C, until the age of majority; [ 16 ] ORDERS the youth and the parents to take an active

part in the application of the measures ordered by the Court; [ 17 ] ORDERS the parents to remain sober in the presence of the youth; [ 18 ] ORDERS that contact between the youth and the parents be determined by the Director with respect to the terms, frequency 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 until the age of majority; [ 20 ] ORDERS the police to cooperate in the execution of this judgment; [ 21 ] ENTRUSTS the situation of the youth, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; THE WHOLE UNTIL APRIL 21, 2020. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre Sarah Bourgeois-Lessard Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Ivan Lazarov Poupart & Poupart avocats inc. Counsel for the youth Mtre Angèle Tommasel Counsel for the mother Date of hearing: February 26, 2019