2022 QCCQ 13549, 2022 QCCQ 13549

Protection de la jeunesse — 228016 2022 QCCQ 13549 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 635-41-000189-065 DATE: December 22, 2022 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2006 [SOCIAL WORKER 1], duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (sections 95, para. 1 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. 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection has applied for the review of a decision under

section 95 of the Youth Protection Act [1] rendered on March 14, 2016 by the Honourable Jean Gravel J.C.Q. The Director seeks a declaration that the security and development of the youth are still in danger, as stated in the application. [ 2 ] Consequently, the Director asks the Court to entrust the youth to a foster family as well as other measures to resolve the situation. CONTEXT AND ANALYSIS [ 3 ] At the hearing, the parents were absent. The mother is not involved in the youth’s life. The application was duly notified to the mother on November 9, 2022.

The father has never been involved in the youth’s life and he is nowhere to be found. The Court has authorized the Director to proceed in the absence of the parents. The youth was assisted by a lawyer. He made a general admission regarding his endangerment and he agreed to the measures suggested by the Director. [ 4 ] The following facts were introduced in evidence. [ 5 ] Since the last hearing, the situation of the parents remains the same.

They are still struggling with their personal issues and are not involved in the youth’s life. [ 6 ] The youth remains under the care of the same foster family with whom he was entrusted until the age of majority. The foster family has managed the youth’s behaviour since he was young. It was under control with the support of Youth Protection. Since August 2022, the youth’s situation has significantly deteriorated. He uses cannabis and drinks alcohol, is away from the foster home without telling the foster parents of his whereabouts, and stays out late and does not return to his foster home at night.

There are also reports of theft of items and money from the house. [ 7 ] Despite the intensity of the services provided, the youth’s behaviour continued to worsen, and he refused to collaborate or receive help. His follow-up with his educational psychologist is not making a difference anymore in his behaviour. [ 8 ] The foster family says that it feels overwhelmed by the youth’s behaviour. The foster mother has to travel, and the foster father

cannot ensure the youth’s safety in her absence. The foster family is close to a breaking point, and it is not in the youth’s interest to jeopardize his placement. The foster family considers the youth to be their son, but they are not in a position to help him and answer his needs.

The youth needs a high level of structure and services to address his issues and evolve positively. [ 9 ] After taking into consideration the documentary evidence, the testimony and the position of the youth, the Court finds that the evidence is sufficient to declare that security and development of the youth are still in danger and that the measures suggested meet his needs and are deemed to be in his best interest.

FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the application; [ 11 ] REVIEWS the decision or order rendered on March 14, 2016; [ 12 ] DECLARES that the security and development of the youth are still in danger under 38a) of the Youth Protection Act [2] and DECLARES that the security and development of the youth are in danger under

section 38f) of the Youth Protection Act ; [ 13 ] ENTRUSTS the youth to a rehabilitation centre, chosen by the institution operating a child and youth protection centre for a period of four months; [ 14 ] AUTHORIZES the reintegration of the youth as soon as the situation allows it; [ 15 ] ORDERS that the youth and the foster mother C take an active

part in the application of any measures ordered by the Court; [ 16 ] ORDERS that the youth attend school or another place of learning or participate in a program geared to developing skills and autonomy; [ 17 ] ORDERS that the terms, frequency and degree of supervision of contact between the youth and the foster mother, C, be determined by the Director; [ 18 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and grants them to C, namely those concerning health, school, extracurricular activities, travelling and passport; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth, the youth’s family and the foster mother; [ 20 ] ORDERS that the youth receive all the health services required by his situation and ORDERS the youth to begin therapy for his behavioural issues and his possible addiction issues; [ 21 ] ORDERS the police to cooperate in the execution of this judgment; [ 22 ] ENTRUSTS the situation of the youth to the Director of Youth Protection A. who shall then see that the measures are carried out; [ 23 ] THE WHOLE until December 31, 2023 . __________________________________ NATHALIE SAMSON, J.C.Q.

Mtre Alix Génier Cain Lamarre, s.e.n.c.r.l. Counsel for the D.Y.P. Mtre Geneviève Lucas Legal Aid Counsel for the youth Date of hearing: December 22, 2022