2019 QCCQ 13940, 2019 QCCQ 13940
Opinion
Protection de la jeunesse — 194068 2019 QCCQ 13940 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000455-144 DATE: June 7, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2003 Adolescent -and- A, Deceased Mother/Respondent ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 adolescent has been in foster care for several years. [ 2 ] In the fall of last year, he shows behavioural disturbances and is entrusted, on a provisional basis, to a rehabilitation center. Meanwhile, a new kinship foster family, namely the adolescent’s aunt, is identified. [ 3 ] In December, the Court entrusts the youth to this new foster family. [ 4 ] Unfortunately, the situation deteriorates in the last few months. [ 5 ] The adolescent takes alcohol and drugs.
He hangs out with people much older who have a negative influence on him. On a few occasions, he leaves home overnight while the foster family ignores his whereabouts. [ 6 ] The adolescent does not comply with rules. He can be very respectful and polite at times and very rude at other moments. [ 7 ] The adolescent’s foster family, his aunt, cannot cope with the situation anymore, it is too stressful for her. [ 8 ] The youth is currently entrusted to a rehabilitation unit, on a provisional basis. He is doing well. He states he has been sober for more than a month.
When he is under strict surveillance, the adolescent behaves adequately. [ 9 ] The youth agrees to remain in a rehabilitation center for several months, as recommended by the director of youth protection (DYP). Steps will be undertaken in order to find a new suitable foster family for him. [ 10 ] The evidence convinces the Court that the application is well founded. WHEREFORE, THE COURT:
[ 11 ] GRANTS the application for revision and extension of order; [ 12 ] DECLARES that the security and development of X are still considered to be in danger according to
section 38 of the youth protection act ; [ 13 ] ORDERS that the adolescent be entrusted to a rehabilitation center designated by the DYP until November 30, 2019; [ 14 ] RECOMMENDS that the adolescent benefit from addictions counselling; [ 15 ] RECOMMENDS that the adolescent submit himself to random drug testing; [ 16 ] AUTHORIZES the DYP of the CISSS A to take all decisions with regard to authorizations to be given concerning routine or urgent health services, social, academic, extra-curricular activities, as well as to obtain a passport, social insurance card, a driver's license or any other legal document that may be needed; [ 17 ] ORDERS that the adolescent actively participate in the measures ordered to put an end to the situation of endangerment; [ 18 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until November 30, 2019; [ 19 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.
Me Mylène Pelletier Rivet for the applicant Me Alexis Deschênes for the adolescent Written judgment filed on June 14, 2019
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