2015 QCCQ 11883, 2015 QCCQ 11883

Protection de la jeunesse — 152183 2015 QCCQ 11883 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-000452-018 DATE: April 22, 2015 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born […], 1997 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection A, working in City A, district A (Quebec) […] Applicant and A , residing and domiciled in City B ([Province A]) Mother and B , residing and domiciled in City A, district A (Quebec) […] Father ______________________________________________________________________ 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 ] The applicant asks the Court to review a judgment rendered on January 27, 2015, by Judge Renee Lemoine. On that date, Judge Lemoine ordered that the adolescent be entrusted to a foster family until she will come of age. More specifically the adolescent has been entrusted to the foster family of C (her aunt) until February 11, 2015, then in the foster family of D in City C. [ 2 ] The youth is absent but duly represented by counsel.

Me Gaudreault states having a clear mandate from the youth. The youth is absent because she works. She is already living with the foster family of D in City D. [ 3 ] The mother is absent. On January 27, 2015, she was absent as well. The applicant was unable to serve the motion to the mother. The mother left the community to go to City E. The applicant tried to reach her by Facebook. The applicant does not know anything about the mother's whereabouts. [ 4 ] The father is present but not represented by counsel.

He does not wish to be represented even if the Court gives him his rights on that regard. [ 5 ] The applicant's motion is not challenged. [ 6 ] On January 27, 2015, the applicant asked the Court to entrust the youth to a specific foster home in City C, [Province A]. The applicant's recommendations included an external follow-up provided by the [Centre A]. [ 7 ] In February 2015, the youth learned that the […] wanted to move to City D. She overreacted to that situation and said she will end up at the Youth Healing Services again.

The next day the youth was seen intoxicated with her boyfriend and one of her friends. [ 8 ] Few days later the youth was met by the Youth Protection worker who explained to her the situation. The youth still wanted to live with the […] and that she will look for a job in City D. [ 9 ] The youth had already expressed her need to move out of the community of City A. [ 10 ] The applicant asks the Court to entrust the youth to D until she reaches majority ([…], 2015). The applicant asks the Court to remove « City C » from the order of placement rendered on January 27, 2015.

She asks the Court to extend as well all the previous orders (except the one concerning external services provided by the [center A] until […], 2015. [ 11 ] Counsel for the youth asks the Court to issue an order to promote contacts between the youth and her sibling Y. [ 12 ] The Court takes as well judicial notice that the youth is opened to receive services in City D concerning drug and alcohol abuse. For these reasons the Court:

[ 13 ] Grants the motion; [ 14 ] Maintains that the security or development of X, born on […], 1997, is still endangered pursuant to the law; [ 15 ] Orders the placement of the youth in the foster family of D until her majority […], 2015; [ 16 ] Extends all the orders that were rendered by Judge Lemoine on January 27, 2015, until […], 2015, except the order stating that the youth received external services from the [Center A]; [ 17 ] Recommends that the Director of Youth Protection promotes the contacts between the youth and her Y; [ 18 ] Recommends that the youth receives services regarding drugs and alcohol abuse; [ 19 ] Orders that a person working for an institution or body provides aid, counselling and assistance to the youth and the parents; [ 20 ] Orders any police body to collaborate for the purpose of executing this enactment; [ 21 ] Entrusts the situation of the youth to the Director of Youth Protection A for the execution of this enactment; __________________________________ Josée Bélanger, J.C.Q.

Me Suzanne Arpin, attorney for the Director of Youth Protection Me Myriam Gaudreault, attorney for the youth Date of hearing: March 17, 2015