2012 QCCQ 16851, 2012 QCCQ 16851

Protection de la jeunesse — 126339 2012 QCCQ 16851 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division N o : 640-41-001497-129 DATE: November 20, 2012 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born […], 2000 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the Cree Board of Health and Social Services A, [...], district A Petitioner and A, residing and domiciled in Town A, Quebec, district A Mother and B, residing and domiciled in Town A, Quebec, district A Father and LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Third party proceedings ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A. , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] [Social Worker 1], delegate of the Director of Youth Protection of the Cree Board of Health and Social Services of A, asks the Court to declare the security and development of X, 12 years old, in danger with regard to

section 38 (

b) and (

c) of the Youth Protection Act . [ 2 ] At the hearing, the parents and the youth are present, represented by Me Claude Beaudet and Me Daniel Ouellette. Me Gabriel Gaudreault represents the petitioner. [ 3 ] In the present situation, evidence that the security and development of X are in danger is constituted of admissions made by the parents. Five voluntary measures concerning the youth were signed and are filed. Since October 2008, the Director of Youth Protection intervenes and he is well aware of the parents' problems.

Before from 2003 to 2008, the Court has rendered decisions concerning the parents' problems, particularly related to abusive alcohol consumption. [ 4 ] The youth was placed in different foster families in the past and one of those families is interested now to assume him until his majority. [ 5 ] The youth needs a good and reliable foster family. He needs parental supervision to ensure his school attendance and rules at home. He needs adult's investment towards him. He knows his parents and has positive contacts when they are sober.

Consequently, the contacts need to be supervised by the Director of Youth Protection. [ 6 ] The youth needs a structured and warm-hearted family. The foster parents must be aware of the child's history and must facilitate the child's investment with their family members. [ 7 ] As the social worker asks for a six-month placement, bounds should be evaluated in such way that a life project might be considered.

The youth needs to evolve in a stable and secure family. [ 8 ] Considering the parents' admissions and the parties' agreement with the recommendations, [ 9 ] FOR THESE MOTIVES, THE COURT : [ 10 ] DECLARES that the security and development of X are in danger; [ 11 ] ORDERS the placement of X in a foster family for a period of six months;

[ 12 ] ORDERS the Director of Youth Protection to supervise all the contacts and visits of the youth to his parents; [ 13 ] DECLARES that his rights have been wronged by the Director of Youth of Protection; [ 14 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and his parents for a period of one year; [ 15 ] ORDERS the parents to collaborate with the Director of Youth Protection; [ 16 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 17 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Gabriel Gaudreault, attorney for the petitioner Me Claude Beaudet, attorney for the parents Me Daniel Ouellette, attorney for the child Date of hearing: September 25, 2012