2023 QCCQ 6686, 2023 QCCQ 6686

Protection de la jeunesse — 233565 2023 QCCQ 6686 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000724-168 DATE: May 29, 2023 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X, born on [...], 2006 Youth and [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT FOR REVISION (

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.).

Introduction [ 1 ] In accordance with the requirements of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on May 29, 2023. [ 2 ] The Director of youth protection (DYP) is requesting a review of the decision rendered on August 23, 2022, in the situation of X. At that date, his situation was declared still endangered and he was entrusted to a rehabilitation center for a period of six months. [ 3 ] Today, DYP recommends to entrust the youth to his mother with different measures of help for the family until March 31, 2024.

Questions in litigation [ 4 ] Are the security and development of the youth still compromised? In the affirmative, do the recommended measures answer his needs and are they in his best interest?

Context and Analysis [ 5 ] The parents and the youth agree with the allegations of the application. [ 6 ] The mother has improved sufficiently her situation for the youth, who also improved his own situation, to be entrusted to her. [ 7 ] The father is very happy to see that the youth can go back with the mother. [ 8 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the proof is sufficient to declare that the security and development of the youth are still in danger and that the measures suggested meet his needs and deemed to be in his best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the application; [ 10 ] DECLARES that the situation of X, born on [...], 2006, are still endangered pursuant the Youth Protection Act ;

[ 11 ] ENTRUSTS the youth to his mother; [ 12 ] ORDERS that the youth and the parents take an active

part in the application of any of the measures ordered by the Court; [ 13 ] ORDERS that the youth and the parents report periodically to the Director on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the youth is in danger; [ 14 ] ORDERS that the youth receive specific health care and health services, and that the recommendations made by the professionals be followed by all parties; [ 15 ] ORDERS that the parents remain sober and refrain from any kind of violence in the presence of the youth; [ 16 ] ORDERS that the parents seek help through the Social Services or another resource deemed appropriate concerning their alcohol and anger management issues; [ 17 ] AUTHORIZES the Director of Youth Protection to access the evaluations done with the youth, namely the speech therapist evaluation and the autism spectrum disorder evaluation; [ 18 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the youth and the youth’s family; [ 19 ] ENTRUSTS the situation of the youth to the Director who shall then see that the measure is carried out; [ 20 ] THE WHOLE until March 31, 2024. __________________________________ Dominique Wilhelmy, J.C.Q.

M e Camille Striganuk For the applicant M e Geneviève Lucas For the youth Mrs. A Mother, not represented M e Ève Laoun For the father Date of hearing: May 29, 2023