2016 QCCQ 10918, 2016 QCCQ 10918

Protection de la jeunesse — 164753 2016 QCCQ 10918 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000482-155 DATE: June 8, 2016 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2000 Adolescent -and- A -and- B Parents/Respondents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 and extend a previous judgment. [ 2 ] The youth and his mother both agree with the DYP on the requested measures. They all wish that the adolescent be entrusted to his mother, very shortly. [ 3 ] The adolescent used to live with an aunt and an uncle. He was removed following an altercation with his uncle, in July 2015. He was then entrusted to a foster family and moved again, afterwards, to another foster home.

He also spent some time in a rehabilitation centre. [ 4 ] The youth suffered consequences from the physical abuse, notably coping with the judicial process. Some members of the extended family bullied the youth. He became highly sensitive and vulnerable. [ 5 ] Towards the end of 2015, the youth displayed behaviour problems in school. He was disrespectful and verbally aggressive. [ 6 ] The mother moved back to the area in January 2016. Since then, the youth has more contacts with his mother.

He longs to go back living with his mother and siblings. [ 7 ] The youth’s general behaviour has improved in the last few months. Concerns still arise, but the youth shows a better attitude. He is actively involved in his follow-up with the external educator. [ 8 ] The mother expresses a strong desire to have her son back home with her. They have a good relationship. The mother is cooperative with the DYP and open to services. [ 9 ] The evidence shows that being entrusted to his mother is in the child’s best interest.

WHEREFORE, THE COURT: [ 10 ] GRANTS the application for revision and extension of order; [ 11 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 12 ] REVISES AND EXTENDS the Court order rendered on September 30, 2015;

[ 13 ] ENTRUSTS the adolescent to a foster family until July 1, 2016; [ 14 ] AUTHORIZES the progressive reintegration of the adolescent to his maternal environment to this day until July 1, 2016; [ 15 ] ENTRUSTS the adolescent to his mother on July 1, 2016; [ 16 ] ORDERS that the adolescent and his mother benefit from external educator services; [ 17 ] ORDERS that contacts between the adolescent and his father are determined following agreement between the parties, including their supervision as long as deemed necessary; [ 18 ] ORDERS that the adolescent and his mother actively participate in the application of the ordered measures; [ 19 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until February 28, 2017; [ 20 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Kimon Kling for the adolescent Mrs. A the mother Mr. B the father (absent) Written judgment filed on July 20, 2016