2015 QCCQ 19420, 2015 QCCQ 19420

Protection de la jeunesse — 154874 2015 QCCQ 19420 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: November 20, 2015 ______________________________________________________________________ PRESENT: THE HONOURABLE CLAUDE P.

BIGUÉ J.C.Q. ______________________________________________________________________ IN THE MATTER OF: No. 610-41-000241-042 X , born on […], 2003 ______________________________________________________________________ [SOCIAL WORKER 1] Applicant and A AND B Parents ______________________________________________________________________ JUDGMENT (section 95, Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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 ] This is a motion for the review of a judgment rendered by Judge Gilles Gendron J.C.Q. on June 20 and 22, 2006, concerning the youth X, who is now 12 years old. ISSUES RAISED [ 2 ] Nothing is challenged. All the allegations of the petition are admitted by the youth, and the conclusions sought by the motion are accepted. The parents were not present at the hearing. [ 3 ] The following facts are admitted:

a) The adolescent has been living in the same foster family for several years;

b) Presently, the adolescent has behavioural disturbances;

c) The adolescent does not conform to authority anymore;

d) Most of the time, he refuses to follow the rules of his foster mother;

e) The adolescent does not follow his curfew;

f) More than once, the adolescent took things that did not belong to him without asking permission;

g) In school, the adolescent is often disrespectful to the teachers;

h) When he feels annoyed, the adolescent yells at his foster mother;

i) The adolescent’s foster mother often has to call around the community to locate him;

j) The adolescent often lies;

k) The adolescent’s foster mother states that she is overwhelmed by the situation and that she is unable to continue to keep the adolescent at her place. [ 4 ] When met by the applicant, the parents recognized that they are not in a position to provide for their son, due to their instability

and their lifestyle. The mother lives in Town A and the father is currently detained.

The links between the parents and the youth are weak. [ 5 ] X has been doing well with his foster family, but the foster family is no longer able to provide for him, due to his increasing and serious behavioural disturbances. [ 6 ] The foster mother is happy to have been given the opportunity to welcome X into her family, but she lost her husband, who passed away last year, and the youth has become more and more difficult to manage. [ 7 ] X will continue to be under the care and supervision of the Director of Youth Protection until he reaches majority. [ 8 ] For now, he needs strict discipline, structure and routine, and a lot of supervision. [ 9 ] The youth will be entrusted to a rehabilitation centre for a short period of four months, followed by placement in another foster family, if the situation allows. [ 10 ] What is expected from the youth is as follows: ➢ Respect the rules of the Centre; ➢ Work on his issues: anger management and the control of his emotions; ➢ Respect authority and get involved in his school program. [ 11 ] At school, he is reported to do well; he must be supported to continue in that way. [ 12 ] The youth will maintain contact with Mrs.

C, his former foster mother.

FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application. [ 14 ] DECLARES that the security and development of the youth are still in danger. [ 15 ] ENTRUSTS the youth to a rehabilitation centre for a period of four months, with reintegration in a new foster family, until majority, if the situation allows. [ 16 ] ORDERS that an organization provide aid, counselling and assistance to the youth and his parents, until the youth reaches the age of majority. [ 17 ] ORDERS that contact between the parents and the youth, and with C, be supervised by the Director of Youth Protection as to terms, frequency, duration and the presence of a third party, as long as deemed necessary, and taking into account the youth’s interest and needs. [ 18 ] ORDERS both parents not to consume any drugs or alcohol, and to be sober in the presence of the child. [ 19 ] ORDERS both parents to ensure that their child is not in the presence of people under the influence of drugs or alcohol. [ 20 ] ORDERS the parents to report periodically to the Director on the measures they apply in their own regard or in the child’s regard to put an end to the situation in which the security and development of the child are in danger. [ 21 ] MAINTAINS all the other measures that were previously rendered until the youth reaches his majority. [ 22 ] ORDERS any police body to cooperate for the purpose of executing this judgment. [ 23 ] ENTRUSTS the adolescent’s situation to the Direction of Youth Protection for the execution of the present judgment. __________________________________ CLAUDE P.

BIGUÉ J.C.Q. Mtre. Julie Lemire Lemire Gaouette & Martel For the applicant Mtre. Peggy Warolin For the youth Mrs. A, mother, absent and not represented by a lawyer Mr. B, father, absent and not represented by a lawyer

Date of hearing: September 25, 2015