2018 QCCQ 18510, 2018 QCCQ 18510
Opinion
Protection de la jeunesse — 188363 2018 QCCQ 18510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 614-41-000255-176 DATE: October 4, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE MARC OUIMETTE J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection case worker, duly authorized by the Director of Youth Protection A Applicant and X, born on [...], 2003 Adolescent and A Mother and B Father ______________________________________________________________________ JUDGMENT (
Section 95 , Youth Protection Act , CQLR, c. P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication 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 Court has before it a motion to extend Justice Denyse Leduc’s decision rendered on October 12, 2017, in which she ordered, in accordance with
section 38 of the Youth Protection Act , [1] that X be entrusted to a foster family for a period of one year. [ 2 ] At the hearing, the adolescent and the mother were present and assisted by counsel. The father was not present, but was represented by counsel. [ 3 ] They informed the Court that they admit the new facts. They all admitted that X’s situation was still in danger. Facts: [ 4 ] Since the end of May 2018, the adolescent’s behavior has deteriorated and he has not attended school on a regular basis. [ 5 ] The adolescent has not respected the rules, curfews and authority of the foster family.
He has been drinking regularly and has often been seen at school or at the foster home under the influence of drugs. He has been spending the night outside the foster home. [ 6 ] The foster mother was overwhelmed by the adolescent’s behaviour and requested that he be removed from her care. She is committed to the adolescent and wants him to return to her care once he solves his issues. [ 7 ] On June 21, 2018, immediate protective measures were invoked and the adolescent was placed in a rehabilitation center.
FOR THESE REASONS, THE COURT: [ 8 ] GRANTS the motion; [ 9 ] EXTENDS the decision or order rendered on October 12 , 2017; [ 10 ] DECLARES the security and development of X, born on [...], 2003, to be still in danger in accordance with the Youth Protection Act ; [2] [ 11 ] ENTRUSTS the youth to a rehabilitation centre for a period of twelve (12) months;
[ 12 ] RECOMMANDS that he be placed at the A rehabilitation centre; [ 13 ] ORDERS that the youth meet the expectations and follow the rules of the rehabilitation centre; [ 14 ] ORDERS that the adolescent participate in a drug and alcohol treatment program; [ 15 ] ORDERS that the adolescent attend school on a regular basis; [ 16 ] ORDERS that the frequency and terms of contact with the parents be supervised by the Director of Youth Protection; [ 17 ] ORDERS aid, counsel and assistance for twelve (12) months; [ 18 ] AUTHORIZES specialized treatment with the participation of the mother, under the supervision of the Director of Youth Protection; [ 19 ] ORDERS the execution of the present judgement by any peace officer; [ 20 ] ENTRUSTS the youth’s situation to the Director of Youth Protection A. __________________________________ MARC OUIMETTE, J.C.Q.
Mtre. Adelia Ferreira Counsel for the applicant Mtre. Yan Massé Counsel for the adolescent Mtre. Michel Grenier Counsel for the mother Mtre. Marie-Josée Ayoub Counsel for the father Date of hearing: September 5, 2018
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