2019 QCCQ 12347, 2019 QCCQ 12347
Opinion
Protection de la jeunesse — 192874 2019 QCCQ 12347 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 640-41-000963-063 DATE: March 21, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and X, born on [...]X, 2002 Youth and A, deceased Mother and B, deceased Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (Sections 95(para. 1) 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. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the review of a decision under s. 95 of the Youth Protection Act , [1] rendered on April 18, 2018, by the Honourable Jean Gravel, J.C.Q.
At that time, he declared that the security and development of X, born on [...]X, 2002, were still in danger and entrusted the youth to a rehabilitation centre. [ 2 ] At the hearing, the youth was present and assisted by counsel. Both parents are deceased. Facts: [ 3 ] Following the last Court hearing, the youth returned to the Town B Rehabilitation Centre in Town C.
With the support of Youth Protection, the youth was able to improve his behaviour. [ 4 ] During May 2018, the youth started a follow-up with an external educator. [ 5 ] On June 8, 2018, the youth was reintegrated with his uncle in Town A. [ 6 ] During the summer, several incidents happened in the foster family and the youth was transferred to his grandmother in September 2018.
He is doing well under her care. [ 7 ] The youth was registered for school only on October 5, 2018, and has since attended only one day. [ 8 ] During January 2019, the youth missed his appointment with the child psychiatrist. [ 9 ] The youth is currently looking for employment. Position of the parties: [ 10 ] Youth Protection wants to entrust the youth to his paternal grandmother, C. [ 11 ] The youth agrees to stay with his grandmother. FOR THESE REASONS, THE COURT:
[ 12 ] GRANTS this application; [ 13 ] REVIEWS the decision or order rendered on April 18, 2018; [ 14 ] DECLARES that the security and development of X, born on [...]X, 2002, are still in danger; [ 15 ] ORDERS that the youth be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 16 ] TAKES judicial notice that the foster family is the paternal grandmother, C; [ 17 ] ORDERS the youth to take an active
part in the application of the measures ordered by the Court; [ 18 ] ORDERS that the youth and his extended family receive the services of an external educator for the period deemed necessary by the professional; [ 19 ] ORDERS that the youth attend school or another place of learning or participate in a program geared to developing skills and autonomy or job integration program; [ 20 ] ORDERS that contact between the adolescent and his extended family be encouraged and determined by the Director of Youth Protection with regard to the terms and degree of supervision; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth until April 30, 2020; [ 22 ] ORDERS the police to cooperate in the execution of this judgment; [ 23 ] ENTRUSTS the situation of the youth, X, to the Director of Youth Protection A, who shall then see that the measures are carried out.
THE WHOLE UNTIL APRIL 30, 2020. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Caroline Daniel Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Angèle Tommasel Counsel for the youth Date of hearing: March 21, 2019
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