2016 QCCQ 10949, 2016 QCCQ 10949

Protection de la jeunesse — 164785 2016 QCCQ 10949 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division No.: 640-41-001676-136 DATE: August 22, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 1999 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) and 75 YPA, RSQ c.

P-34.1 ) ______________________________________________________________________ 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 YPA). [ 1 ] Mrs [social worker 1], delegate duly authorized by the Director of Youth Protection of the A C.Y.P.C., asks the Court to review the decision rendered on May 7, 2015 by the Honourable Lise Gagnon, J.C.Q., concerning the situation of X, born on […], 1999.

She asks that the youth remain with his mother with extension of the social follow-up and the other conditions imposed previously. [ 2 ] At the hearing, the mother is absent but represented by Me Angela Tommasel. The youth is also absent but represented by Me Cassandra Neptune. Me Aubrée Coutanson assists the applicant. [ 3 ] The evidence of the facts justifying the extension of the measures is constituted of the admissions of both parties and the revision report filed. [ 4 ] Following the last judgment, the youth spent time at the reception centre and progressively reintegrate with his mother.

They offered good collaboration with the social worker, meeting her regularly and informing her of the current situation. [ 5 ] X is still waiting for his psychiatric evaluation. It is urgent that such evaluation be completed because X still displays behavioural problems and now is facing criminal charges. [ 6 ] The youth beneficiates of the services of an educator and he offers good collaboration with him. He takes his medication as prescribed. He needs structure and supervision.

His mother is not always able to provide him such environment because she has problems with alcohol consumption. [ 7 ] The mother would benefit of a regular follow-up with the social worker to increase her parental authority.

She is motivated to do so with this new social worker. [ 8 ] Considering that X's situation remain quite the same, that he and his mother had to adapt themselves to many social workers, that the psychiatric evaluation is not done yet, that the mother accepts to seek help for her issues and that the parties agree with the recommendations, FOR THESE MOTIVES, THE COURT: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of X are still in danger; [ 11 ] MAINTAINS the youth X with his mother; [ 12 ] ORDERS that the youth and his mother take an active

part in the application of the measures ordered by the Court;

[ 13 ] ORDERS that the youth receive specific health care and services, more specifically a psychiatric evaluation and a follow-up; [ 14 ] ORDERS that the youth and his mother receive the services of an external educator for the period deemed necessary by the parties; [ 15 ] ORDERS that the mother remain sober in presence of the youth; [ 16 ] ORDERS that the youth take his medication as prescribed by his doctor; [ 17 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and his mother until July 31, 2017; [ 18 ] ORDERS the police to collaborate to the execution of the enactment; [ 19 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Aubrée Coutanson Attorney for the applicant Me Angela Tommasel Attorney for the mother Me Cassandra Neptune Attorney for the youth Date of hearing: July 12, 2016