2014 QCCQ 7996, 2014 QCCQ 7996

Protection de la jeunesse — 141545 2014 QCCQ 7996 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] « Youth Division » N o : 140-41-000411-130 DATE : April 22, 2014 ______________________________________________________________________ BY THE HONOURABLE DENIS PARADIS, J.C.Q. ______________________________________________________________________ X Born on […], 1997 [SOCIAL WORKER 1] , Petitioner -and- A , B , Parents JUDGMENT [ 1 ] The applicant asks the Court under

section 95 of the Youth Protection Act, to extend an order issued on March 18, 2013 and valid until February 28, 2014. [ 2 ] Essentially, it requires that X ([…] 1997) be entrusted to a foster home for one year. The applicant has amended his conclusions in this way. [ 3 ] At the hearing, the father is present. The child is also present and represented by counsel.

The mother, who lives in [Country A], is absent. [ 4 ] The whole situation is accepted by the parties who agree with the conclusions sought by the applicant and the reports were submitted by [Social Worker 2] , , [Social Worker 1] , and [Social Worker 3] , , assert there testimony. X denies some facts, but without consequences on conclusions. [ 5 ] At the end of the hearing, the Court issued a judgment forthwith this text which is written as required by the

section 90 of the Youth Protection Act. THE EVIDENCE [ 6 ] X will have seventeen years old in the coming days. It is undisputed that he faces attachement and developpement problems that will require long term therapy. [ 7 ] Probably, these problems are the source of the others. Indeed, his behaviours are unacceptable. [ 8 ] He is disrespectful, he is regularly conflictual toward his brother and his foster mother and he is violent. [ 9 ] But overall, the parties submitted this Court that X made progress since few months. [ 10 ] He goes to school ans his involvement is good.

He has good marks and demonstrates that he can evolve in a group. [ 11 ] [Social Worker 3] , writes in his psychological report : « he is capable of succeeding academically by passing all his classes. A telephonic contact with the [Social Worker 4] , , coordinator of adult and vocational education center A, brought information about X functionning. [Social Worker 4] , has specified that X behaviours of anger at school had improved. … [Social Worker 4] , also mentionned that X has developped good relations with the teaching and administration staff.

X brings his guitar at school and share his passion of music [1] . » [ 12 ] [Social Worker 5] , , X teacher, writes in her letter (exibit R-1) that he has progressed well in the last year. He has a greater acceptance of others and their opinions. [Social Worker 5] , concludes her letter : « X needs structure and nurtering and I feel that we have broken the barrier and making a difference, in his life. »

[ 13 ] Considering the reports, the position of the parties and the whole evidence, the court grants the motion according to its amended conclusions. [ 14 ] FOR THESE REASONS, THE COURT : [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth Protection Act; [ 17 ] REVISES and EXTENDS the Court order rendered on March 18, 2013 in the present file; [ 18 ] ORDERS that X be entrusted to a foster family until April 27, 2015; [ 19 ] ORDERS that X receives all the social and medical services that he may require, particularly a psychological follow-up; [ 20 ] ORDERS that the family benefits from the services of an external educator; [ 21 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to X and his family until April 27, 2015; [ 22 ] ENTRUSTS the situation of X to the Director of Youth Protection of the Centre Jeunesse A for the carrying out of the present measures. _____________________________ DENIS PARADIS, J.C.Q.

Me Louyse Andrée Lemieux for the petitioner Me Mylène Murray for the adolescent B Father court date : April 16, 2014