2022 QCCQ 13085, 2022 QCCQ 13085

Protection de la jeunesse — 228061 2022 QCCQ 13085 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] «Youth Division»

N° : 505-41-008483-168 DATE : August 31, 2022 ______________________________________________________________________ PRESIDED BY : THE HONOURABLE MARIO GERVAIS J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker duly authorized by the Director of Youth Protection A, Applicant -and- X , born on [...], 2006 Child-respondent -and- A Mother-respondent -and- B Father-respondent ______________________________________________________________________ J U D G M E N T Section 95(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 et 9.3 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (Director) presents an application for extension of a Court order in the matter of the sixteen year old child X. [ 2 ] The first Court order, rendered on December 15 th , 2016, declared the security and development of the child in danger for reason of educational neglect, specifically for lack of stimulation. [ 3 ] The last Court order, rendered on September 9 th , 2021, entrusted the child to a reception center with the supervision of his contacts by a third party for a period of one year. [ 4 ] The Director now seeks to extend these measures until the child reaches the age of majority on [...], 2024.

Position of the parties [ 5 ] The parents admit all the allegations of the application and agree to the measures sought by the Director. [ 6 ] The child agrees with the nature of the measures recommended by the Director but defers to the Court on their duration. His lawyer has requested that he undergo an intellectual evaluation, which the parties have agreed to.

Description of the situation and Analysis [ 7 ] In accordance with the last Court order, the child is placed in a group home where he resides since June 23 rd , 2020. [ 8 ] The child develops positively in his environment, as evidenced by the following: ➢ He has adapted well to the rules and interventions; ➢ He participates in his intervention plan; ➢ He expresses less opposition and does not display serious behavioral disturbances; ➢ He is more receptive to feedback and discussions; ➢ He is polite, has good social skills and has positive relationships with the adults and his peers. [ 9 ] The youth attends school in an adapted level class where he functions adequately and achieves good academic results. [ 10 ] The child has made remarkable progress.

However, the child still requires some rehabilitation needs, mainly to work on personal organization and development of his autonomy. [ 11 ] The supervised contacts between the child and his mother occurred twice a month. The mother attends all visits planned. The contacts are overall satisfying and the child is always delighted to see his mother. [ 12 ] The supervised contacts between the child and his father are plan once a month. The child opens up little about his experience, but appreciates the presence of his father with whom he enjoys playing.

The father can be without contact with his child for a long period because of the difficulties and limits he is struggling in relation with his diagnosis. [ 13 ] The parents are aware that they are not in a position to assume the care of the child in a near future. [ 14 ] Given is history with foster families, the child does not want to integrate such a resource at the time he’ll be leaving his group home. [ 15 ] The Court concludes that the security and development of the child are still in danger. [ 16 ] The situation requires that the child be entrusted to a reception center until his majority with all the other measures recommended by the Director.

FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and the development of the child X are still in danger; [ 19 ] REVISES AND EXTENDS the Court order rendered on September 9, 2021; [ 20 ] ORDERS that the child be entrusted to rehabilitation center chosen by the Director of Youth Protection A; [ 21 ] ORDERS that the contacts between the child and his parents be following agreement between the parties and in the presence of a third party chosen by the Director; [ 22 ] ORDERS that the child and his parents take an active

part in the application of the measures ordered; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 24 ] WITHDRAWS the exercise of certain attributes of parental authority form parents and AUTHORIZES the Director of Youth Protection to sign the authorizations required for medical, school, recreational, extra-curricular or travel purposes, including the application for passport, driving lessons, driver’s licence; [ 25 ] ORDERS that the child receives certain health services, more particularly an intellectual evaluation; [ 26 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the present judgement; [ 27 ] THE WHOLE until the majority of the child on [...], 2024. ________________________________ Mario Gervais, J.C.Q.

M e Nadine Rousseau / Sarah Gaudry-Staub Attorney for the Director M e Myriam Couillard Attorney for the child Date of signing: October 32, 2022