2022 QCCQ 12070, 2022 QCCQ 12070

Protection de la jeunesse — 227104 2022 QCCQ 12070 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002190-186 DATE: October 18, 2022 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2009 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION ( sections 95(1) (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. 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied under s. 95 of the Youth Protection Act [1] for the extension of a decision rendered on July 14, 2021, by the Honourable Lucie Godin, J.C.Q.

At that time, she declared that the security and development of the youth are still in danger. She ordered that the youth remain under the care of the mother. [ 2 ] The Youth Director alleged that the youth’s situation requires that the above-mentioned decision or order be extended under

section 95 of the Youth Protection Act until October 31, 2023. [ 3 ] The mother was represented by counsel. She admits that the security and development of the youth are still in danger and has agreed to the suggested measures. [ 4 ] The following facts were introduced in evidence. [ 5 ] The situation of the mother remains the same. She is still struggling with alcohol consumption and personal issues. The mother wishes to attend a treatment program for her alcohol addiction. She said that she is on the waiting list for the [organism A].

The mother’s cooperation with Youth Protection is good and stable. [ 6 ] The youth desires to continue to live with his mother and he is evolving well in this environment. He attends school on a regular basis and has adequate grades. [ 7 ] The intervention of Youth Protection is still necessary. There are still events of violence at the family home. In April 2022, the mother was assaulted by her older son while the youth was present and the police had to intervene.

In July 2022, the youth was expelled from his house as he was trying to be physically aggressive towards the mother and was breaking furniture in the home. The mother was intoxicated during this last event. [ 8 ] After taking into consideration the documentary evidence, the testimony and the positions of the parties, the Court finds that the evidence is sufficient to declare that the security and development of the youth are still in danger and that the measures suggested meet his needs and are deemed to be in his best interest. FOR THESE REASONS, THE COURT:

[ 9 ] GRANTS this application for an extension; [ 10 ] EXTENDS the decision or order rendered on July 14, 2021; [ 11 ] DECLARES that the security and development of the youth are still in danger under

section 38(e)(1), 38(b)(1)(iii) and 38(e)(2) of the Youth Protection Act [2] ; [ 12 ] ORDERS that the youth remain with his mother; [ 13 ] ORDERS that the youth and the youth’s mother take an active

part in the application of any of the measures ordered by the Court; [ 14 ] ORDERS that the mother report periodically to the director on the measures she applies in their own regard or in her child’s regard to put an end to the situation in which the security or development of the youth is in danger; [ 15 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the youth and the youth’s mother; [ 16 ] ORDERS the police to cooperate in the execution of this judgment; [ 17 ] ENTRUSTS the situation of the youth to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 18 ] The whole until October 31, 2023 . __________________________________ NATHALIE SAMSON, J.C.Q.

Mtre Adèle Cyr Cain Lamarre, s.e.n.c.r.l. Counsel for the D.Y.P. Mtre Cassandra Neptune Legal Aid Counsel for the child Mtre Angèle Tommasel Counsel for the mother Date of hearing: October 18, 2022