2019 QCCQ 11250, 2019 QCCQ 11250
Opinion
Protection de la jeunesse — 192041 2019 QCCQ 11250 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 640-41-002141-171 DATE: February 26, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2001 Youth and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (Sections 95 (para. 2) and 75, Youth Protection Act , CQLR, c.
P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the extension of a decision under s. 95 of the Youth Protection Act [1] rendered on February 22, 2018, by the Honourable Jean Gravel, J.C.Q.
At that time, he declared that the security and development of X were in danger and entrusted him to a rehabilitation centre until February 28, 2019. [ 2 ] At the hearing, the youth was present and assisted by counsel. The mother did not travel from Town A, but was represented by counsel. The father was duly served, but was not present or represented. Position of the parties: [ 3 ] The mother wants her son to come back and live with her. [ 4 ] The youth will turn 18 on [...], 2019, and he wants to stay in the A Rehabilitation Centre.
Facts: [ 5 ] The father is not regularly involved in the youth’s life. [ 6 ] X admits that he still displays aggressive behavior and runs away, but has not done so in the last three months. [ 7 ] The youth was placed in several rehabilitation centres. He had to be placed in isolation because he was having suicidal ideas. [ 8 ] On October 4, 2018, the youth was assessed by a psychologist. [ 9 ] The mother’s involvement with the youth is irregular and her cooperation with Youth Protection is minimal. Analysis: [ 10 ] X will turn 18 shortly. He has been followed by Youth Protection since 2013.
He saw a psychologist in October 2018, more than seven months after the order issued by Gravel J. He also needs to have an ADHD assessment.
[ 11 ] The Court feels that this young man has not had all the services that he requires. [ 12 ] In May 2019, he will return to his mother’s home in Town A. With the permission of Youth Protection, all information regarding his health situation should be transferred to the A Social Services.
FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application; [ 14 ] EXTENDS the decision or order rendered on February 22, 2018; [ 15 ] DECLARES that the security and development of X, born on [...], 2001, are still in danger; [ 16 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre until he reaches the age of majority; [ 17 ] RECOMMENDS that the youth stay at [centre A], considering the health services he should receive; [ 18 ] ORDERS that the youth receive specific health care and health services, namely an ADHD assessment within the next month; [ 19 ] ORDERS the mother to report in person, at regular intervals, to the Director of Youth Protection to inform him about the current situation; [ 20 ] RECOMMENDS that the mother seek help through Social Services for her substance abuse and conjugal violence issues; [ 21 ] ORDERS that contact between the youth and the parents be determined by the Director of the Youth Protection with respect to the terms, frequency and degree of supervision; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family until May 8, 2019; [ 23 ] ORDERS the police to cooperate in the execution of this judgment; [ 24 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q.
Mtre Sarah Bourgeois-Lessard Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the youth Mtre Angèle Tommasel Counsel for the mother Date of hearing: February 26, 2019
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