2014 QCCQ 13666, 2014 QCCQ 13666

Protection de la jeunesse — 141988 2014 QCCQ 13666 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001592-135 DATE: March 10, 2014 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A , working in CITY A Applicant and X, born on [...], 1999 Youth and A Mother and B Father ______________________________________________________________________ JUDGMENT ( sections 95 ( par. 1) and 75 , Youth Protection Act , R.S.Q., c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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 applied under

section 95 of Youth Protection Act [1] for the review of a decision rendered on August 20, 2013 by Nancy McKenna J. At that time, X was entrusted to a rehabilitation centre in CITY B . [ 2 ] At the hearing, X was assisted by Mtre. Joannie Jacob. The mother was not present, but Mtre. Angèle Tommasel represented her. The father was not present, but Mtre. Marie Claude De Gagné represented him. He was reached by phone and he heard the evidence by phone conference. Mtre. Robert-André Adam acted on behalf of the petitioner. [ 3 ] The father lives in a hospital (Hôpital

A) in CITY C for medical reasons. [ 4 ] The Court understands that the father will remain hospitalized on a long term basis and that he cannot take care of his son. [ 5 ] The mother was not present, but her lawyer confirmed that she would be ready to take care of her son after the placement. [ 6 ] The father believes that the mother does not take good care of X . [ 7 ] X said that he does not like his mother and does not want to stay with her. [ 8 ] X has not visited his father since August 2013. [ 9 ] The Court heard Mrs. [Social Worker 1] , youth protection worker in CITY A . [ 10 ] According to her, X is not ready to return with his mother.

She also believes that the rehabilitation centre is not the ideal place for X . [ 11 ] She asked for a six-month placement, to be able to reintegrate X into his mother’s place in CITY A . [ 12 ] The mother was charged with and pleaded guilty to assault on the father. The father was hospitalized following this crime and

will probably have to remain in hospital for the rest of his life.

This explains why the father believes that the mother is not the right person to take care of X . [ 13 ] The reintegration of X into his mother’s home will be very difficult. [ 14 ] FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] REVISES the decision or order rendered on August 20, 2013; [ 17 ] DECLARES that the security and the development of the youth continue to be in danger; [ 18 ] ORDERS that X be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a youth protection centre for a period of six months; [ 19 ] ORDERS a gradual reintegration into the home of his mother or any other member of his family, if the situation allows it; [ 20 ] ORDERS that X and his mother report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 21 ] ORDERS that the youth have visits with his father in CITY C at least twice a year; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the youth and his family for a period of six months; [ 23 ] ORDERS the police to cooperate in the execution of this judgment; [ 24 ] ENTRUSTS the situation of the youth, X , to the Director of Youth Protection of the A , who shall then see that the measures are carried out for a period of nine months. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre. Robert-André Adam Cain Lamarre Casgrain Wells Counsel for the applicant Mtre. Joannie Jacob Centre communautaire juridique A Counsel for the youth Mtre. Angèle Tommasel Counsel for the mother Mtre. Marie Claude De Gagné Counsel for the father Date of hearing: February 4, 2014