2017 QCCQ 18488, 2017 QCCQ 18488

Protection de la jeunesse — 178914 2017 QCCQ 18488 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000244-170 DATE: November 6, 2017 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2000 [SOCIAL WORKER1], youth protection worker, duly authorized by the Director of Youth Protection of A Applicant and A, residing and domiciled in […] Mother and B, residing and domiciled in […] Father ______________________________________________________________________ JUDGMENT (sections 38 and 75 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 of A (D.Y.P.) submitted to the Court an application to declare the security and development of X in danger because of the serious risk of neglect by the parents (section 38 b) 2 o of the Youth Protection Act ). [ 2 ] At the hearing, the father and the youth are present, both represented by their respective lawyer, Me Marie-Josée Ayoub and Me Constantin Kiryakidis.

Me Camille Champeval represents the applicant, Mr. [Social Worker 1]. [ 3 ] The youth’s situation is known from the D.Y.P. since many years. Many judgments were rendered concerning his situation.

The last judgment rendered was on May 30, 2016 and at the time the youth was placed in a reception centre because of his behavioural problems. [ 4 ] As he behaved very well at the group home and in school, his reintegration with his mother started last May 2017 and on June 15, 2017 he was fully integrated as ordered previously. [ 5 ] On July 4, 2017 the youth reported himself to the D.Y.P. stating his mother had left him to go to Town A, not saying when she well be back and with no food in the house. He had no money and was hungry. [ 6 ] The youth declared he didn’t want to continue living with his mother.

He had to babysit for his younger sibling and the relationship with his mother was difficult. [ 7 ] With the intervention of the D.Y.P., the father who living in Town B was contacted and he accepted to take his son under his care. [ 8 ] The youth went with his father and had to adjust himself to his family.

A provisional measures order was ordered in July. [ 9 ] After few weeks in Town B, the youth met with his mother and decided to come back with her in Town C, without notifying the D.Y.P. [ 10 ] The integration of the youth with his parent is difficult and the parents do not have a significant relationship with him. [ 11 ] With such evidence, the Court declares the security and development of the youth in danger according to

section 38 b) 2 o of the Youth Protection Act. The youth needs guidance and counselling to adjust himself to his parent and their families. He lived for many years in foster families and reception centre. The communication between them is problematic and the youth does not seems able to open

up with his parents. [ 12 ] For the measures, the D.Y.P. recommends that the youth remains with his parents and that social follow-up be provided to them. [ 13 ] As the father recently moved in Town C, where the mother and the youth live, it will be easy for X to have regular contact with both of them and the parents are ready to share his custody. As the mother often goes in the bush with her family, X might stay with his father. [ 14 ] The parties agree that they are able to offer the stability that the youth requires and that they will collaborate with the social worker.

CONSEQUENTLY, THE COURT: [ 15 ] ALLOWS the application; [ 16 ] DECLARES that the security and development of X, born on [...], 2000 are in danger according to

section 38 b) 2 o of the Youth Protection Act; [ 17 ] REMAINS the youth with his parents; [ 18 ] ORDERS the youth to attend school regularly; [ 19 ] ORDERS the D.Y.P. to provide aid, counsel and assistance to the youth and his parents until the youth’s majority; [ 20 ] ORDERS the parents and the youth to collaborate actively with the social worker; [ 21 ] ENTRUSTS the situation of the youth to the D.Y.P. who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Constantin Kiryakidis Attorney for the youth Me Camille Champeval Attorney for the applicant Me Michel Grenier Attorney for the mother Me Marie-Josée Ayoub Attorney for the father Date of hearing: October 12, 2017