2019 QCCQ 15207, 2019 QCCQ 15207

Protection de la jeunesse — 1910359 2019 QCCQ 15207 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000825-171 DATE: April 18, 2019 (written judgment rendered on November 1, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2007 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, deceased Mother and B , residing and domiciled at [...] Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing 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 Director of Youth Protection (DYP) asks the Court to revise a decision rendered on September 4, 2018, regarding the adolescent X, born on [...], 2007.

At that date the Court declared the security and development still endangered and entrusted the adolescent to foster family until April 18, 2019. [ 2 ] The DYP submits that the situation does not allow to return the youth to his father and asks that he be entrusted to a foster family with a reintegration with his father as soon as the situation allows; [ 3 ] X has a half-brother. He is 5 years old, and born from the union between his father and his new spouse. The Court is also seized with his situation. Position of the parties [ 4 ] The father is present and represented by Me St-Amand.

He admits some of the allegations and he agrees with the measures [ 5 ] X, who is 12 years old, is present and represented by Me Jennis. He admits most of the allegations and he wishes to be entrusted back with his family, but otherwise a foster family will be correct. History of the situation [ 6 ] On November 30, 2017 , the situation of the child was submitted to the Court. The father and his spouse had alcohol and drugs addiction issues. The father could be aggressive towards the police and the DYP worker. He was also physically violent towards the children.

The child was outside late with other youths having a bad influence on him. Doing so, he arrived tired at school. The father and his spouse did not recognize their issues. The Court declared the security and development endangered [1] and entrusted him to a foster family with a reintegration with his father, the whole until September 30, 2018. [ 7 ] On September 4, 2018 , the evidence revealed that the situation of the father and his spouse remained the same. X was 11 years old. He had been placed under a teacher’s care.

Everything went well, but the DYP was still looking for a family member, and on June 16, 2018, X was entrusted to Ms. C. His behaviour was excellent. The Court informed the parents that it’s possible to entrust the children on a long term basis before the maximum period is reached if it’s obvious that the situation can’t change. The Court entrusted the children to a foster family until April 18, 2019. Facts [ 8 ] Since the last decision, the child stayed in the foster family of Ms. C and it went well. X said feeling very well there.

[ 9 ] According to the school, he is a very good student. Only one event occurred at school during the revision period. X fought with another youth and was very scared to be suspended. [ 10 ] He maintained regular contact with his father and his spouse. [ 11 ] The father and his spouse were able to improve their situation a lot. They progressively reduced their drugs and alcohol consumption and there is no more alcohol consumption since Christmas.

The DYP worker plans to continue to work to help the father to continue in this way. [ 12 ] On October 15, 2018, an event of violence occurred in the house with the older brother, who is an adult and who became violent towards the father’s spouse. He tried to stab the father while X was present. The father has to be supported in a way to impose limits on his oldest sons, Y and Z, as there is no violence at home when those two young adults are not there. Analysis [ 13 ] After a few months of difficulties, the parents were able to take the necessary steps to improve their situation.

The realized the seriousness and the impact of their consumption on their children. [ 14 ] It is important that they continue in this way. The children are for sure very well-taking care, but they miss their parents, so the parents have to maintain their achievement and they need to be supported to do so.

FOR THOSE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and the development of the youth X, born on [...], 2007, are still endangered; [ 17 ] ENTRUSTS the youth to a foster family chosen by the institution operating a child and youth centre; [ 18 ] AUTHORIZES the youth’s reintegration with his father as soon as the situation allows it; [ 19 ] ORDERS that the youth and the father take an active

part in the application of any of the measures ordered by the Court; [ 20 ] ORDERS that the father remain sober in the presence of the youth; [ 21 ] RECOMMENDS that the father seek help through Social Services concerning his alcohol consumption issues; [ 22 ] ORDERS that the frequency, modalities and terms of the contacts between the youth, the father, the stepmother and his siblings be supervised by the Director of Youth Protection; [ 23 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the youth, his family and the foster family; [ 24 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 25 ] ORDERS the police to collaborate to the execution of the enactment; [ 26 ] THE WHOLE until November 30, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Caroline Jennis, attorney for the youth Me Félix St-Amand, attorney for the father Date of hearing: April 18, 2019