2012 QCCQ 11781, 2012 QCCQ 11781

Protection de la jeunesse — 123246 2012 QCCQ 11781 JC1649 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] « Youth division » N° : 635-41-000286-093 DATE : May 8, 2012 UNDER THE PRESIDENCE OF : HONOURABLE PAUL CHEVALIER, J.C.Q.

In the case of : X ([…], 1997) JUDGMENT ON A MOTION FOR REVISION (Sec. 95(1) Youth Protection Act) [ 1 ] The Director of Youth Protection asks the Court to revise an order made by this Court on January 31, 2012, entrusting the youth X to a foster family for a period of four months, and to entrust the said youth to a foster family until his majority. [ 2 ] The mother disagrees with such placement. [ 3 ] The Court, in January 2012, stated that it was convinced by the evidence that there was no expectation that the situation of the parents would change from a mid to a long-term perspective and ordered that a life project be clarified. [ 4 ] Nonetheless the collaboration of the parents with the D.Y.P. remained minimal and irregular. [ 5 ] The police had to intervene with the parents in March 2012 regarding another event of conjugal violence. [ 6 ] Eventhough she was ordered to abstain from doing that the mother came intoxicated at the foster family's house. [ 7 ] The D.Y.P. is implicated with the family since 2004 and has been giving services to the youth and his family for more than two years. [ 8 ] The youth is evolving very positively in his foster home, does not display any behavior problems and wishes to stay there. [ 9 ] Mrs.

A, the foster mother, is willing to foster the youth until his majority. [ 10 ] FOR THESE REASONS, THE COURT : [ 11 ] GRANTS the motion for revision; [ 12 ] DECLARES that the security and development of the youth X are still in danger; [ 13 ] DECLARES that the present situation constitutes new facts; [ 14 ] ORDERS that the youth be placed in a foster family until the age of majority; [ 15 ] TAKES notice that the foster family where the youth will be placed is the family of Mrs. A;

[ 16 ] ORDERS that the youth receive all the medical and psychological services required by his situation; [ 17 ] ORDERS the youth to attend school every day; [ 18 ] ORDERS the mother to abstain from communicating with the youth as well as with his foster family when she is under the influence of alcohol, which includes being present at the foster family's dwelling; [ 19 ] ORDERS that the youth and the youth's parents take an active

part in the application of the measures ordered by the Court; [ 20 ] ORDERS that the contacts between the parents and the youth occur regularly and as to the modalities set out by the D.Y.P. as long as the parents are not under the influence of alcohol or drugs; [ 21 ] ORDERS a social follow-up of the youth and his parents by the D.Y.P.; [ 22 ] THE WHOLE until the youth's majority. PC/nc PAUL CHEVALIER, J.C.Q. Me Marianne Gagnon-Bourget, For the D.Y.P. Me Marie-Claude De Gagné, For the youth, present. Me David Ouellette, For the mother, present. Mr B, father, absent and unrepresented. Date of the hearing : May 8, 2012.