2023 QCCQ 8505, 2023 QCCQ 8505

Protection de la jeunesse — 232710 2023 QCCQ 8505 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000682-213 DATE : JANUARY 12 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2007 Child and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A; Applicant and A B Parents .

JUDGMENT Articles 38, 38.1 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits an application for a review of the decision rendered on December 2 nd , 2021, entrusting the youth to a rehabilitation centre for a period of one year and ordering several assistance measures including aid, counselling and assistance to the youth and the youth’s family for a period of one year. [ 2 ] The Director asks the Court to order that the youth be entrusted to a rehabilitation centre for a period of six months and to authorize his integration in a foster home that suits the child’s needs and when entrusted to a foster family to order that he remain in a foster family until the end of the order.

[ 3 ] The parents made a general admission of the alleged facts. They agree with the proposed measures. [ 4 ] The youth admits and acknowledges his family situation as for the recommendation he wants to leave the rehabilitation centre although he understands that he has specific needs and that before entrusting him to a foster family, the plan should be carefully assessed and the foster family should be suitable for him and able to answer all his needs. [ 5 ] The evidence reveals the following facts. [ 6 ] The youth remained in the rehabilitation centre and he is at a group home.

The youth behaviors have improved, and he is doing well. He attends school regularly and he is part of a hockey team. [ 7 ] The parents have not attended a treatment.

The father claims to be sober for the past fourteen months and the mother for the past two or three months. [ 8 ] The parents do not have a home in the community, and they live in the bush about 40 minutes drive from the community. [ 9 ] X has special needs that cannot be provided to him by his parents. [ 10 ] Should a foster family be found and willing to devote themselves and continue to provide him an answer all his special needs he would be transferred to a foster home. [ 11 ] The plan remains for the youth to remain in the rehabilitation centre until a suitable foster home is found where his special needs are met. [ 12 ] The youth expressed himself in the court in a very clear fashion demonstrating that he understands clearly his family situation and he agreed to be patient and he understands why it is so important to find the right foster family for him. [ 13 ] He voices that it would be possible that he can live with his grandmother and the worker testified that he will assess this option. [ 14 ] The only reason that X is still entrusted to a rehabilitation centre is that a suitable foster home has not been yet found.

The youth understands the situation. [ 15 ] Given the whole evidence, the consent of the parents, the testimony of the youth, his consent to the measures, the Court concludes that all the necessary means should be taken in order to find a suitable foster home for the youth. In that context and with the commitment of the Youth Protection, the agreement of the youth, the Court concludes that the recommendations are in the interest of the youth. THEREFORE, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of X born on [...], 2007, are still endangered under

section 38 ( b ) (1) iii. and 38 ( d ) (2) of the Youth Protection Act .; [ 18 ] ORDERS that X be entrusted to a reception center for a period of six (6) months with integration in a foster family that suits the child’s needs until the end of the order, as soon as possible; [ 19 ] ORDERS the parents to take active steps to engage and complete a drug and alcohol treatment program; [ 20 ] RECOMMENDS that the parents submit to random drug testing upon the request of the Director of Youth Protection; [ 21 ] ORDERS that the frequency and conditions of contact between the child and the parents be supervised by the Director of Youth Protection, and with supervision of a third party if necessary; [ 22 ] ORDERS the parents to remain sober in the presence of the children at all times; [ 23 ] ORDERS the parents to ensure that the child is not exposed to any form of violence and/or persons under the influence of alcohol; [ 24 ] ORDERS the parents to collaborate with the Youth Protection Worker and meet the worker upon request; [ 25 ] ORDERS the parents to advise the Director of Youth Protection of any changes in address and/or coordinates; [ 26 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all services providers working with the child and the family; [ 27 ] ORDERS to any peace officer to collaborate in the execution of the present order if requested by the Director of Youth Protection; [ 28 ] ORDERS that the Director of Youth Protection provide aid, counselling and assistance to the child and the child’s family for a period of 1 year ; [ 29 ] The whole, until January 12 th , 2024 .

[ 30 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. ___________________________________ LUCIE GODIN, J.C.Q. M e Adélia Ferreira Attorney for the Director of Youth Protection M e Nathalie Malo Attorney for the parents M e Yan Massé Advocate for the children Date of hearing : January 12 th , 2023