2012 QCCQ 17407, 2012 QCCQ 17407

2012 QCCQ 17407 Protection de la jeunesse — 126774 JG2189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] CITY OF […] « Youth Division »

N o : 640-41-000668-043 DATE: May 22, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILD: X Born on […], 1996 [INTERVENANTE 1], person duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A(Quebec), district A; Petitioner -and- A , residing and domiciled in Town A(Quebec), district A; Interested party ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (Director) submits to the Court a motion for revision of a decision rendered on May 17, 2011 by Justice Daniel Bédard in which the Court entrusted X to his sister A for a period of twelve (12) months. [ 2 ] Today, the Director requests that X be entrusted to a foster home for a period of six (6) months with a progressive return with his sister as soon as the situation allows it. [ 3 ] At the hearing, X and his sister are present and agree with the recommendations made by the Director. [ 4 ] X is 16 years old and is still struggling to overcome his past.

X witnessed his mother being murdered when he was seven (7) years old. This, obviously, had a major impact on his life. He started consuming drugs and sniffing gasoline at a young age which had a neurological impact on him. [ 5 ] X lives with his sister Y since October 2010 after having been living in a group home. He appreciates living with her. [ 6 ] Y is very concerned by her brother's well-being. She collaborates well with the social worker. [ 7 ] Y is waiting to have her own house in town A. Meanwhile, Y and X lived with their uncle in town A.

This uncle abused them psychologically, financially and physically.

[ 8 ] In March 2012, the uncle kicked them out of the house. Since then, X and his sister live in City A with Y's friends. [ 9 ] In City A X and Y feel safer. Y is even considering not returning to City B [ 10 ] X appreciates living with his sister, but he does not seem to appreciate living in Bs friends' house. X is often out of B's sight at night.

Y gets worried when she does not know where X is and what he is doing. [ 11 ] Having a high sense of responsibility, Y feels it would be best for X to live in a foster family for now. [ 12 ] X understands the situation and is ready to collaborate in this temporary solution.

THEREFORE, THE COURT: GRANTS this motion; REVISES the decision rendered on May 17, 2011 by Justice Daniel Bédard; DECLARES that the security and the development of X continue to be in danger; ORDERS that X be entrusted to a foster home for a period of six (6) months with a progressive return with A as soon as the situation allows it; ORDERS that A be authorized to sign all documents pertaining to medical, school, social, financial needs for X and also traveling purposes; ORDERS that X receives all the services required by his situation, including psychological follow up; ORDERS that Y and X take an active

part in the application of any measures ordered by Court; ORDERS that a person working for an institution or body provides aid, counsel and assistance to the family until X reaches the age of majority; ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; ORDERS the police to collaborate in the execution of this order. __________________________________ LISE GAGNON, J.C.Q. M e Gabriel Gaudreault Attorney for the D.Y.P. M e Jean-Francis Bonnette Attorney for the youth M e Sarah Plamondon Attorney for the interested party Date of hearing: May 22, 2012