2016 QCCQ 15424, 2016 QCCQ 15424

Protection de la jeunesse — 167525 2016 QCCQ 15424 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001595-138 DATE: November 15, 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2000 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in A City Applicant and A, residing and domiciled in B City, Quebec, district A Mother ______________________________________________________________________ JUDGMENT (Sections 95 (par.1) and 75, Y.P.A., CQLR, c.

P-34.1 ) ______________________________________________________________________ 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. submits to the Court a motion for revision and prolongation of a decision rendered on July 12, 2016 concerning the situation of X, born on [...], 2000. [ 2 ] In the last judgment, the youth was placed in the foster family of his uncle for three months. Now, the Director of Youth Protection asks to extend this placement in the foster family of his uncle, Mr.

B, until his majority. [ 3 ] At the hearing, the youth admits all the allegations, but wishes to remain with his mother. The mother admits most of the allegations and was agreeing with the recommendations until she heard her son’s whish. Now, she wants him back with her. [ 4 ] The social worker, the uncle and the mother testify. A revision report is filed. [ 5 ] Since the last judgment, the youth remained under the care of his maternal uncle and he is doing well. His behaviour and his attendance at school have improved. The uncle is ready to assume X until his majority and is able to structure him.

The youth is allowed to visit his mother during the weekends when she is sober. [ 6 ] The mother’s situation is quite similar as the one she had in the past. She stopped doing drugs a year ago and since she only consumes alcohol. She lives in her house with people who were evicted from their own home because they were drinking too much. The house is all messed up. The mother declares that she is unable to intervene with them so and that she lets them stay and do as they please. She is unable to advise them to leave or not to drink at her house.

Doing so, the mother confirms that she is unable to fix the rules which her son needs to evolve. He really needs counselling and structures otherwise he misbehaves, as it was described in the previous judgments and also in the revision report filed. FOR THESE MOTIVES, THE COURT: [ 7 ] GRANTS the motion; [ 8 ] DECLARES that the security and development of X are still in danger; [ 9 ] ORDERS the placement of X in the foster family of Mr.

B, his uncle, until his majority; [ 10 ] ORDERS that the contacts between the youth and his mother be under the supervision of the Director of Youth Protection; [ 11 ] ORDERS the mother to remain sober during the visits with her son; [ 12 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth, his mother and the uncle for the duration of the judgment; [ 13 ] ORDERS the Director of Youth Protection to provide to the youth the services of an external educator, if needed;

[ 14 ] ORDERS the police to collaborate to the execution of the enactment; [ 15 ] ENTRUSTS the teenager’s situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q. Mtre. Aubrée Coutanson Attorney for the applicant Mtre. Cassandra Neptune Attorney for the teenager Mtre. Angèle Tommasel Attorney for the mother Date of hearing: October 11, 2016