2019 QCCQ 8648, 2019 QCCQ 8648

Protection de la jeunesse — 198745 2019 QCCQ 8648 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N° : 455-41-000999-169 DATE : October 31, 2019 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2003 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A Applicant -and- A Youth’s mother -and- B Youth’s father ______________________________________________________________________ JUDGMENT [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 Y.P.A.).

Introduction [ 1 ] The Director is requesting the revision of the Court decision rendered on April 25, 2019. [ 2 ] By this order, the Tribunal stated that the security and development of X were still in danger for the motive of educational neglect. [ 3 ] As protective measures, the Tribunal entrusted the youth to his maternal grandaunt, ordered, following a positive assessment the maternal grandaunt environment, that the youth be entrusted to her foster family, authorized contacts with the mother and the maternal extended family, prohibited all contacts between the youth and his father and ordered a social follow-up for a period of six months. [ 4 ] Today, the Director considers that the security and development of the X are still compromised for the same reason, and recommends entrusting him to his maternal grandaunt until his majority on [...], 2021, to authorize in his favour, contacts with his mother upon agreement between the parties, to prohibit all contact with the father and to order a social follow-up until X’s majority on [...], 2021. [ 5 ] The Tribunal proceeds by fast track under a non-attendance agreement signed on October 23 rd , 2019 by X and 24 th by the mother; [ 6 ] In Court, X and the mother’s lawyers are present and state that their respective clients renounce the delay for the signature of the agreement.

They also confirm their consent to the proposed measures. [ 7 ] The Court also dispenses the Director to serve the father and accepts the agreement despite the fact that he did not sign it as he has not been part of X’ life for many years. [ 8 ] Since the last Court order, the youth’s situation is as described in the Director’s motion for revision of a Court decision by fast

track: «4. (…)

a) X is 16 years old and has been living with his maternal grandaunt, Mrs. C, since February 7, 2019;

a) X has made great behavioural improvements since he has been living with Mrs. C;

b) X visits his family regularly, about two hours every weekend;

c) The visits are generally positive;

d) X has had difficulties keeping a job;

e) The mother’s situation and her level of recognition has been improving since the last Court order. However, there are still improvements to be made. She continues to collaborate with the Director of Youth Protection;

f) The father’s whereabouts are still unknown and no contacts took place with his son since the last Court order; » ( sic ) [ 9 ] By their agreement, the parties acknowledge that the recommended measures answer the youth’s needs and are in his best interest. [ 10 ] The Court also considers that the situation put forward in the report produced in this case gives rise to the measures sought.

FOR ALL THESE MOTIVES, THE COURT : GRANTS the present application; DECLARES that the security and development of the youth X are in danger; REVISES the Court order rendered on April 25, 2019, in the present file; ENTRUSTS the youth X to his maternal grandaunt, Mrs. C, until his majority on [...], 2019; AUTHORIZES , in the youth’s favour, contacts with his mother upon agreement between the parties; PROHIBITS all contacts between the youth and his father; ORDERS that the youth and his mother take an active

part in the application of any of the measures ordered by the Court; ORDERS that a person working for CIUSSS A of any other establishment or body, provide aid, counsel and assistance to the youth and his family until his majority on [...], 2021; ENTRUSTS the situation of the youth X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q. Me Andréanne Lacasse Counsel for the Directeur Of Youth Protection Me Cassandra Riendeau Counsel for the youth Me Maryse Pinsonneault Counsel for the mother Date of written judgment : December 2, 2019 Date of hearing : October 31, 2019