2022 QCCQ 10787, 2022 QCCQ 10787

Protection de la jeunesse — 226722 2022 QCCQ 10787 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 755-41-003426-213 DATE: October 18, 2022 ______________________________________________________________________ BY THE HONOURABLE CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X, born on […], 2007 Adolescent -and- A Mother -and- B Father ______________________________________________________________________ JUDGMENT Section 95 (1) (2) of the Youth Protection Act ______________________________________________________________________ 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.). [ 1 ] The Director of Youth Protection (the Director) petitions the Court with an Application for revision and extension of a Court Decision, according to section 95 (1) (2) of the Youth Protection Act , in the matter of the adolescent X. [ 2 ] The Director alleges that the situation of the adolescent necessitates the revision and the prolongation of the Court Order rendered on April 22 nd , 2022, for the reasons outlined in paragraph 5 of the motion. [ 3 ] The Director recommends, as key measures, that the adolescent be maintained in his maternal milieu, conditionally that the mother resides elsewhere than the maternal uncle’s milieu and that the contacts between the adolescent and his father be according to an agreement between the parties.

In the absence of an agreement, two virtual contacts per week should take place. The Director also recommends that the family receives a social follow-up until December 31 st , 2022. Situation and Analysis [ 4 ] The adolescent and his mother agree to the conclusions recommended by the Director. [ 5 ] The father is absent at the audience as well as to the review meeting despite the attempts made to accommodate him due to the distance.

The father still believes that his son would be better off if he was entrusted to him. [ 6 ] Since the last order, the youth remained entrusted to his mother. [ 7 ] The mother stabilized her situation. She signed a lease and is now living with her son and her cousin. [ 8 ] The mother is in a new relationship that has a positive impact on the family. [ 9 ] The mother took the necessary steps with the CLSC Adult Mental Health to address her personal issues. She testifies having an appointment this very day. [ 10 ] The adolescent attends school regularly and enjoys it.

He passed all his classes last year and started in a new school this year which is more adapted to his needs. [ 11 ] The father maintains regular contacts with his son through text messages and online videogames.

[ 12 ] The youth also visited his father on the weekend of August 19, 2022 and this was the first contact in person in years. This visit was positive for the adolescent and the plan is to organize more. [ 13 ] The Director recommends a short follow-up to see the evolution of the youth in his new environment. [ 14 ] If things continue to evolve positively, it is realistic to believe that after this follow-up, the Director could end her intervention in the family.

FOR THESE REASONS, THE COURT : [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and the development of the adolescent are still in danger; [ 17 ] REVISES and EXTENDS the Court order rendered on April 22 nd , 2022; [ 18 ] ORDERS that the adolescent be maintained in the maternal milieu, under the condition that the mother resides elsewhere than the maternal uncle’s milieu; [ 19 ] ORDERS that the contacts between the adolescent and his father be organized according to an agreement between the parties.

In the absence of an agreement, they shall be established at a minimum of two virtual contacts per week; [ 20 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their adolescent’s regard to put an end to the situation in which the security or development of the adolescent are in danger; [ 21 ] ORDERS that the parents of the adolescent take an active

part in the application of the measures ordered; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 23 ] ORDERS that the parents ensure that the adolescent attends school; [ 24 ] RECOMMENDS that the mother go through with her follow-up at the CLSC; [ 25 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment; [ 26 ] THE WHOLE until December 31 st , 2022. __________________________________ CHRISTEL D’AUTEUIL-JOBIN, J.C.Q.

M e Caroline Gagné Attorney for the D.Y.P. M e Stéphanie Fortin-Poirier Attorney for the adolescent Date of hearing: October 18, 2022