2021 QCCQ 976, 2021 QCCQ 976

Protection de la jeunesse — 2182 2021 QCCQ 976 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] LOCALITY […] Youth Division No. 640-41-001083-085 DATE : January 6 th , 2021 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF: X, born on [...], 2004 Child and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the […], working in Town A Applicant and A Mother B Father JUDGMENT JG1314 Warning: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.) [ 1 ] The Director of Youth Protection (the “Director”) submitted an application for a review of the decision rendered on May 22 nd , 2020 entrusting the child to the father. [ 2 ] The Director alleged a long series of facts. This judgment refers to those facts. [ 3 ] The Director asks the Court to order that the youth remains entrusted to his father and to order various assistance measures for a period of six months until July 6 th , 2021. [ 4 ] The father admits all alleged facts.

He agrees with the recommendations proposed. [ 5 ] The mother admits all the facts that she is aware of. She ignores the others. She is in agreement with the recommendations proposed. [ 6 ] The youth admits the essential of the facts alleged in the application. He disagree with all the measures proposed. He is willing to follow all the recommendations and to receive the services that could be offered.

[ 7 ] The evidence reveals the following facts. [ 8 ] The youth is 16 years old, he will turn 17 on [...]. [ 9 ] Since the last Court order, the youth remains entrusted to the father. When school is open, the youth attends regularly. The youth is not taking is medication, as he does not like the side effects but his doctor is informed that he does not take the medication. [ 10 ] The youth has not attend counselling as he feels he does not need it. [ 11 ] At a certain time, the youth has been exhibiting problematic behaviours at home but he does not do it anymore.

The child respect the house rules. [ 12 ] Me Ayoub on behalf of the father has expressed that from the father’s point of view, the situation has improved. The mother resides in Town B and her exact whereabouts are unknown and has minimal contact with the youth. [ 13 ] The youth is described by the worker as being a right and smart young man. He seems to be excited and anxious to finish high school as his plan is to leave Town A and to attend college in Ottawa to study physics. He reports that he is giving good grave so far and he likes being out of the reception centre.

The youth needs to take advantage of the programs and resources available in the community to help him with personal issues. [ 14 ] The youth has great ambitions and the undersigned truly hope that he will realize his endeavours.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of the child are still in danger; [ 17 ] ORDERS that X remains entrusted with his father; [ 18 ] ORDERS that the adolescent attends school regularly; [ 19 ] ORDERS that the adolescent continues his medical follow ups and takes medication as recommended by the doctor; [ 20 ] ORDERS that the adolescent seeks professional help for past issues of neglect; [ 21 ] ORDERS that the adolescent and his father engage in counselling to improve their relationship issues; [ 22 ] ORDERS that aid, counselling and assistance be provided to the youth and the family for a period of six (6) months, until July 06, 2021. [ 23 ] ENTRUSTS the X’s situation to the DYP for the execution of the present order. ___________________________________ LUCIE GODIN, J.C.Q.

Me Fanny Wylde Counsel for the child Me Magdalena Lempicka Counsel for the Director of Youth Protection

Me Michel Grenier Counsel for the mother Me Marie-Josée Ayoub Counsel for the father Date of hearing: January 6 th , 2021