2019 QCCQ 15380, 2019 QCCQ 15380

Protection de la jeunesse — 1911473 2019 QCCQ 15380 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005237-162 DATE: November 20, 2019 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2002 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B Parents and C Tutor ______________________________________________________________________ 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 ] On December 20, 2018, the Court extends for six months various protective measures applied in relation to X’s behavioural difficulties, including the pursuit of his placement in a rehabilitation center. This judgment also reflects the possibility that the adolescent progress eventually to a less structured environment, namely that of Mr.

D (whom he considers as his uncle). [ 2 ] Alleging that the adolescent is progressing well and no longer requires rehabilitation, the Director of Youth Protection seeks the revision and extension of various protective measures until his majority in [...] 2020. [ 3 ] The Court renders an initial interim judgement on June 4, 2019, providing a progressive integration of the adolescent with Mr. D while pursuing the follow-up.

At the final hearing, the Court confirms such. [ 4 ] The adolescent agrees with the orientation, as do his parents, citing their wish to respect his wishes. [ 5 ] The Court proceeds in the absence of the adolescent’s tutor (maternal grandfather), duly notified of the proceeding. The evidence shows that he disagrees with the proposed orientation. [ 6 ] Analysis and decision [ 7 ] X has a long history with social services.

Entrusted to his maternal grandfather within a permanency plan (tutorship), he evolves in a rehabilitation center since 2016 in regards to his behavioural issues. [ 8 ] X maintains his life plan to reside with Mr. D, work and continue his schooling. [ 9 ] In this vein, since the last judgment, he spends weekends and extended holidays in his projected environment. He functions generally well and respects the structure in place. Although behavioural issues are still present, X is able to better manage his reactions and make positive choices.

[ 10 ] The caseworker observes a positive and trusting relationship between X and Mr. D. [ 11 ] X’s relationship with his parents and maternal grandfather remain strained. Although he maintains sporadic contacts with his mother, such is not the case as to his father and maternal grandfather.

This is the reflection of his choices and the continued feelings he has in regards to his past. [ 12 ] His father and grandfather remain available to reconnect. [ 13 ] X no longer requires rehabilitation and has demonstrated, through his efforts and acquired maturity, to be able to go forward towards his autonomy in a less-structured environment. It not being viable that he return in his family environment, and considering his continued positive evolution with Mr.

D, the Court endorses the proposed orientation as being the reflection of X’s best interests while providing the safety net dictated by his remaining challenges. FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES that the security and development of the adolescent are still in danger; [ 16 ] REVISES and EXTENDS the Court order rendered on December 20, 2018, in the present file; [ 17 ] ENTRUSTS the adolescent to Mr.

D; [ 18 ] ORDERS that the contacts between the adolescent and his mother be following agreement between the mother, himself and the Director; [ 19 ] ORDERS that the contacts between the adolescent and his tutor/maternal grandfather be following agreement between the parties; [ 20 ] ORDERS that the contacts between the adolescent and his father be following agreement between the parties and in the presence of a third party chosen by the Director; [ 21 ] ORDERS that the adolescent, his parents and his tutor take an active

part in the application of the measures ordered; [ 22 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the adolescent and his family; [ 23 ] ALL THIS MEASURES until the adolescent’s majority on [...], 2020; [ 24 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Sarah Gaudry-Staub Attorney for the Applicant Me Gilles Dupont Attorney for the father Me Karine P. Poissant Attorney for the child Date of hearing: June 4 (endangerment), September 18, November 20, 2019 (measures) Date of signature: January 7, 2020