2018 QCCQ 19024, 2018 QCCQ 19024

Protection de la jeunesse — 1810235 2018 QCCQ 19024 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 640-41-001600-136 DATE: December 21, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2004 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled in [...] Mother and B, residing and domiciled in [...] Father ______________________________________________________________________ JUDGMENT (sections 95 of the Youth Protection Act ) ______________________________________________________________________ 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 A (the Director) asks the Court to review the decision rendered on April 19, 2018, in the situation of X, 14 years old. The Director recommends that the youth be placed in the foster home of her maternal uncle for a year. [ 2 ] At the heating, the youth is present by visio and represented by Me Yan Massé. The parents are absent but represented by Me Michel Grenier for the mother and Me Marie-Josée Ayoub for the father.

Me Adelia Ferreira acts for the applicant. [ 3 ] The evidence of the new allegations in support of the motion for revision is constituted of the admissions of the parties, the revision report and the social worker’s testimony. [ 4 ] It is proved that the youth remained at the rehabilitation center in Town A for nine months and she is doing very well. As ordered previously, a reintegration to either parent could start but they cannot assume her. The mother went for treatment but she had to leave due to health issues.

The father has regular contact with the youth but did not complete the follow-up and treatment he had to do. [ 5 ] The youth attends school in Town A and wants to finish her school there. She had a part-time job and enjoys it. She is doing well at school. [ 6 ] The youth does not want to return to Town B. She wants to live in the foster home of her uncle C and D where she was placed before.

She agrees to continue her follow-up with the social worker and psychologist. [ 7 ] Considering such evidence and the agreement of the parties; THE COURT: [ 8 ] GRANTS the motion; [ 9 ] DECLARES that the security and development of X, born on [...], 2004, are still endangered; [ 10 ] ORDERS the placement of the youth in a foster family for one year and RECOMMENDS that the foster family be the one of C and D; [ 11 ] ORDERS the youth to attend school regularly and to meet with the social worker twice a month; [ 12 ] ORDERS the parents to be evaluated by NNADAP worker for their issues with alcohol and drugs and to attend the treatments and follow-up required by the professional;

[ 13 ] ORDERS the Director to provide aid, counsel and assistance to the youth and the parents for one year; [ 14 ] ORDERS the parents to participate actively to the follow-up provided by the Director; [ 15 ] ORDERS that the youth receive any medical, psychological, social and educational services she requires; [ 16 ] ORDERS the Director to supervise the visits of the child with her parents as for modalities, duration and frequency; [ 17 ] ORDERS the Director to provide the child all medical, psychological and all other specific services she might need; [ 18 ] ENTRUSTS the situation of the youth to the Director who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Yan Massé Attorney for the youth Me Adelia Ferreira Attorney for the applicant Me Michel Grenier Attorney for the mother Me Marie-Josée Ayoub Attorney for the father Date of hearing: December 13, 2018