2023 QCCQ 8493, 2023 QCCQ 8493

Protection de la jeunesse — 232698 2023 QCCQ 8493 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000515-199 DATE : APRIL 5 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2008 Youth And [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, Applicant and A and B Parents . JUDGMENT

Article 95 al. 1- Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits an application for a review of the decision rendered on July 20 th , 2022, entrusting the youth to a foster home for a period of nine months along with supporting measures including aid, counselling and assistance to the youth and the youth’s family for a period of nine months. [ 2 ] The Director asks the Court to order that the youth remain entrusted to a foster home for a period of six months and to order several assistance measures including aid, counselling and assistance for a period of six months. [ 3 ] The mother and the father are absent at the hearing.

The mother has been duly served. She decided not to come to the hearing.

The Court is satisfied with the attempts taken by Youth Protection to contact the father. He is aware of the hearing. [ 4 ] M e Massé on behalf of the youth makes a general admission of all the alleged facts. The youth would like to discuss with the worker his intention to resume contact with the father. [ 5 ] The Youth Protection has been clear about the goal of the measures which is to answer that the youth basic needs are met and to ensure he attends school regularly. The Youth Protection will continue to provide programs and services and to determine a life plan for the youth.

He needs to exchange and discuss with the worker about his options with regards to his life plan. [ 6 ] The evidence reveals the following facts. [ 7 ] The youth is 15 years old. The Director has been intervening in the youth life for several years for reasons arising from the parents’ substance abuse problems. [ 8 ] The parents’ situation remained basically the same and they have not taken steps to correct their situation. [ 9 ] Since the last judgment, the youth has returned to his previous foster home and is doing well. He has developed a trusting relationship with the foster parents.

He attends school regularly. He has had regular contacts with the mother. He visits her on his home. [ 10 ] The youth is currently living with the foster family of C who lives in Town A. He’s been entrusted to this foster family in 2018. [ 11 ] The Youth Protection analyses the situation in the following terms [2] Since the last court hearing, C and his wife could not commit to a Life Plan for X due to space being an issue, X is in their foster home once again. Other placements had been explored, X had been in the care of his Maternal aunt D, which had broken down.

Another Maternal aunt E had been sought out however the assessment of the home was not approved by the Foster Home due to legal matters. The previous Foster Parent C agreed to foster him again, C is now open to the age of majority placement. However, this will be sought out once the adjustment period is completed. [ 12 ] Given the whole evidence, the position expressed by M e Massé on behalf of the youth, the Court concludes that the recommendations are in the interest of the youth.

THEREFORE, THE COURT: [ 13 ] GRANTS the application; [ 14 ] REVISES the decision rendered on July 20 th , 2022; [ 15 ] DECLARES that the security and development of X born on [...], 2008 are still endangered under

section 38 ( b ) (1) iii. of the Youth Protection Act ; [ 16 ] ORDERS that the youth be entrusted to a foster home for six months ; [ 17 ] ORDERS that the frequency and modality of contacts between the parents and the youth be determined by the Director of Youth Protection; [ 18 ] ORDERS that the youth continue with his follow ups with the mental health department; [ 19 ] ORDERS that the youth attend school and attends school regularly; [ 20 ] AUTHORIZES to obtain and share information with service providers working with the youth and the youth’s family with regards to attendance; [ 21 ] ORDERS that aid, counselling and assistance be provided to the youth and the youth’s family for a period of six months ; [ 22 ] The whole, until October 5 th , 2023 ; [ 23 ] ENTRUSTS the situation of the youth to the Director of Youth Protection for the execution of the present order. ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection Parents absent, not represented M e Yan Massé Advocate for the youth Date of hearing : April 5 th , 2023 Last exhibit: D-14