2018 QCCQ 14874, 2018 QCCQ 14874

Protection de la jeunesse — 185456 2018 QCCQ 14874 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 640-41-001343-109 DATE: July 9, 2018 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2001 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of A Applicant v.

A , residing and domiciled at […] Mother ______________________________________________________________________ JUDGMENT (sections 95(1) and (2) and 75 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing for a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection of A submitted an application for revision under s. 95 of the Youth Protection Act concerning the situation of X. [ 2 ] X is 17 years old. He was entrusted to a foster family, namely Ms. B, until he reaches the age of majority. [ 3 ] On August 18, 2017, the mother informed the applicant that her son is no longer comfortable in his current foster home.

The presence of his older sibling who is struggling with alcohol abuse issues is responsible for his wish to change foster environments. [ 4 ] Several times, the youth expressed his desire to change his foster home. He expressed being unhappy in his home due to his sister’s personal issues, which are negatively affecting him.

Despite the support offered by the Director to attempt to improve the situation at his foster home, the situation continues to generate emotional difficulties for the youth. [ 5 ] He receives support from his maternal extended family in Town A, who are willing to be his foster home until his age of majority. [ 6 ] All parties agree on the change of caregiver. The assessment of the extended maternal family in Town A is positive.

The foster family is able to provide him with a stable and alcohol-free environment. [ 7 ] The Court believes that it is in the best interests of the youth to respect his desire and provide an environment that suits his emotional needs. He is currently in a good position to become a responsible and autonomous adult.

FOR ALL THESE REASONS, THE COURT: [ 8 ] GRANTS this application; [ 9 ] REVISES the decision or order rendered on June 18, 2015; [ 10 ] DECLARES that the security or development of the youth X, born on […], 2001, continues to be in danger; [ 11 ] ORDERS that the youth be entrusted to a foster family chosen by the institution operating a child and youth protection centre; [ 12 ] ORDERS that the youth and the youth’s mother take an active

part in the application of the measures ordered by the Tribunal; [ 13 ] ORDERS that the mother remain sober in the presence of the youth; [ 14 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s

family until […], 2019; [ 15 ] ENTRUSTS the situation of the youth to the Director of Youth Protection of A, who shall then see that the measures are carried out; [ 16 ] ORDERS the police to collaborate on the enforcement of theorder; [ 17 ] THE WHOLE until the youth reaches the age of majority on […], 2019. __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Cassandra Neptune Attorney for the youth Mtre Sarah Bourgeois Lessard Attorney for the applicant Mtre Angele Tommasel Attorney for the mother Date of hearing: May 23, 2018