2016 QCCQ 16417, 2016 QCCQ 16417

Protection de la jeunesse — 167519 2016 QCCQ 16417 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000584-141 DATE: November 25, 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2001 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection on the A C.Y.P.C., working in Town A, district A Applicant and A, residing and domiciled in Town A, district A Mother ______________________________________________________________________ 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 of the A C.Y.P.C. (D.Y.P.) seizes the Court with a motion in revision asking to review the decision rendered on February 18, 2016, by honourable Lise Gagnon, concerning the situation of X, 15 years old. [ 2 ] The delegate of the D.Y.P., Mrs [Social Worker 1], asks that the child be placed in the foster family of Mrs B until he reach his majority on [...], 2019. [ 3 ] At the hearing, Me Marie-Claude De Gagné represents the child and Me Angèle Tommasel the absent mother.

Me Geneviève Apollon assists the applicant. [ 4 ] The mother disagrees with the recommendations. She would like the reintegration of X with her. [ 5 ] The evidence of the new facts is made with the testimonies of the foster mother, Mrs B and Mrs [Social Worker 1], and a revision report is filed. [ 6 ] The youth X is doing very well in his foster family. He attends school on a regular basis and respects the rules or Mrs B. There is a good communication between them. Mrs B is ready to assume him until his majority. She is able to supervise the contacts of X with his mother.

He always advise her before he goes to see her and he is aware that he has to come back if the mother is under influence of alcohol. [ 7 ] The mother’s situation remains problematic. She consumes abusively alcohol and did not seek for services to rehab her issues.

She still has a conflictual relationship with her boyfriend. [ 8 ] Considering that the mother is not present and does not have any evidence to support her position; [ 9 ] Considering the evidence, THE COURT : [ 10 ] GRANTS the petition; [ 11 ] DECLARES that the security and development of X, born on [...], 2001, are still in danger; [ 12 ] ORDERS his placement in the foster family of Mrs B until his majority, [...], 2019; [ 13 ] ORDERS the D.Y.P. to provide aid, counsel and assistance to the youth and his mother until [...], 2019; [ 14 ] ORDERS the D.Y.P. to supervise the contacts between the youth and his mother;

[ 15 ] ORDERS the mother to remain sober in the presence of the youth; [ 16 ] ORDERS the police to cooperate in the execution of this order; [ 17 ] ENTRUSTS the situation of the youth to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q. Me Marie-Claude De Gagné Attorney for the youth Me Geneviève Apollon Attorney for the applicant Me Angèle Tommasel Attorney for the mother Date of hearing: October 13, 2016