2020 QCCQ 3996, 2020 QCCQ 3996

Protection de la jeunesse — 203196 2020 QCCQ 3996 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N° : 455-41-001237-197 DATE : April 14, 2020 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2005 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A The mother -and- B The 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 order rendered on October 17, 2019. [ 2 ] By this decision, the Tribunal declared that the security and development of X were in danger for the motive of educational neglect. [ 3 ] As protective measure, the Court entrusted the Youth to a foster family for a period of six months, authorized in his favour and best interest, contact with each of his parents and with his paternal grandmother, according to the modalities set by the Director, took notice of the Director’s intention to clarify an alternative long-term plan for X, excluding the return with his parents, ordered that the youth receive specific health care and health services and that he respect the medical recommendations concerning his medication, and ordered a social follow-up for a period of six months. [ 4 ] Today, the Director is recommending that X be entrusted to a foster family until his age of majority, to authorize contacts with his parents and with his paternal grandmother, upon agreement and according to the modalities set with the Director, to order that the youth receive specific healthcare and health services, and to order a social follow-up until X’s age of majority, on [...], 2023. [ 5 ] The Tribunal proceeds by fast track under a non-attendance agreement signed by the parties on March 30th, 2020, April 1st, 2020 and April 6th, 2020. [ 6 ] Since the last Court order, the youth’s situation is as described by the Director in her motion for revision of protective measures : «4. (…)

a) X is 15 years old and lives with the foster family of Mr. C and Mrs. D;

b) X has evolved positively since he has been living in the current foster family;

c) X visits each of his parents around one weekend out of three;

d) The visits with the father take place at the paternal grandmother’s place;

e) X has difficulties with his organization, but he is open to the advices given by his foster parents and puts them in use;

f) The parents take an active

part in their son’s life;

g) X has a regular follow-up with his doctor;

h) The parents’ personal situations have not changed significantly since the last Court order;

i) The father still has not given access to his home;

j) Although there is still work that needs to be done on the mother and son relationship, the situation has somewhat evolved positively;» [ 7 ] By their agreement, the parties recognize the alleged facts and that the proposed measures meet X’s needs. [ 8 ] The Court also considers that the situation evidenced in the revision report produced herein gives rise to the sought measures.

FOR ALL THESE MOTIVES THE COURT : GRANTS the present application; DECLARES that the security and development of the youth X are still in danger for the following reason: - 38 b) 1) (iii) Educational Neglect REVISES the Court order rendered on October 17, 2019 in the present file; ORDERS that the youth be entrusted to a foster family, namely the foster family of Mr. C and Mrs.

D, until his majority on [...], 2023; AUTHORIZES , in the youth’s favour, contacts with his parents and with his paternal grandmother, upon agreement and according to the modalities set with the Director of Youth Protection; ORDERS that the youth and his parents take an active

part in the application of any of the measures ordered; ORDERS that the youth receive specific healthcare and health services; ORDERS that a person working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the youth and his family until his majority, on [...], 2023; 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. M e Andréanne Lacasse Counsel for the Director Of Youth Protection M e René Sévigny Counsel for the children Date of the hearing: April 14, 2020