2014 QCCQ 6119, 2014 QCCQ 6119

Protection de la jeunesse — 142321 2014 QCCQ 6119 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-001255-105 DATE: May 27, 2014 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in A APPLICANT and X, residing and domiciled in Town A, Québec, district A ADOLESCENT and A, unknown address in Town B, Québec, district B MOTHER ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The applicant is addressing the Court, asking for a review of the decision rendered on April 3, 2012 by the Honourable Denyse Leduc, J.C.Q., in the situation of X, born on […], 1997. [ 2 ] At that time, The Court maintained the status of endangerment and entrusted the adolescent to a specialized foster family for a period of two years, with the possibility of reintegrating a foster family in his community if the situation allowed for it. [ 3 ] The last decision coming to an end, the Court has to evaluate the adolescent’s situation and determine if such a measure should be maintained, as recommended by the applicant. [ 4 ] X says that he would prefer to be entrusted to a foster family within his native community. [ 5 ] After having heard the parties, present and represented, it appears that this alternative is difficult to conceive. [ 6 ] In fact, as well as the adolescent can evolve in a structure environment, he adopts inadequate behaviours when he is left on his own. [ 7 ] For example, his last visit in his A community was particularly difficult as he refused to respect the rules, was disrespectful towards the social workers, refused to obey the orders given and left early in the morning without asking for permission or informing anyone. [ 8 ] It is to be noted that in his current environment, under the supervision of [Program A], he receives many services, including an educator that accompanies him almost on a full-time basis. [ 9 ] Thus, as long as the adolescent will not be able to improve his social behaviour and to properly evolve out of a structured environment, as the one offered by his current foster family, it seems impossible to return him in his community. [ 10 ] Unfortunately, during this time, the young man is living far away from his natural environment and from his mother.

It would be advisable to increase the frequency of the contacts between them. FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of X, born on […], 1997, are still in danger accordingly to

Section 38 of the Youth Protection Act;

[ 13 ] ORDERS the placement of the adolescent in a specialized foster family, under [Program A] residential treatment services, for a period of one year with the possibility of an integration in a foster family in his community, if the situation allows it; [ 14 ] ORDERS that the adolescent be assessed by a psychologist; [ 15 ] ORDERS that the director see that the adolescent, his mother and his foster family receive aid, counsel and assistance for a period of one year; [ 16 ] ORDERS that the contacts between the adolescent and his mother be supervi-sed by the director in terms of modalities and frequency, and that they be encouraged; [ 17 ] ORDERS to any peace officer to collaborate in the execution of the present; [ 18 ] ENTRUSTS the situation of the adolescent to the director who shall then see that the measure is carried out. __________________________________ Jean-Pierre Gervais, J.C.Q.

M e Camille Provencher Cain Lamarre Casgrain Wells Attorney for the applicant M e Cassandra Neptune Centre communautaire juridique A Attorney for the adolescent M e Angèle Tommasel Attorney for the mother Date of hearing: April 23, 2014