2016 QCCQ 13010, 2016 QCCQ 13010

Protection de la jeunesse — 165745 2016 QCCQ 13010 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No. 614-41-000045-155 DATE: September 19, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENISE DESCÔTEAUX J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 1999 [SOCIAL WORKER 1] , in his capacity as person authorized by the Director of Youth Protection A, working in City A Applicant and A , residing and domiciled in City B, District A Mother and B , residing and domiciled in City A, District A Father ______________________________________________________________________ JUDGMENT (section 95 (para. 1), Youth Protection Act , P-34.1) ______________________________________________________________________ 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.). [ 1 ] [Social Worker 1], delegate of the Director of Youth Protection A, is submitting a motion asking for the review of the last judgment rendered on December 8, 2015 by the Honourable Gilles Ouellet, J.C.Q., concerning the situation of X 16 years old. [ 2 ] At the hearing, the father was absent, but represented by Mtre. Michel Grenier. The mother was present and represented by Mtre. Myriam Gaudreault. [ 3 ] The adolescent was represented by Mtre. Constantin Kiryakidis, and Mtre.

Camille Champeval represented the applicant. [ 4 ] The admissions by the adolescent and the parents show that the health and security of the adolescent are still in danger.

In fact, both the parents and the adolescent admitted that: 4.1 The adolescent’s behaviors in the reception center were positive, as he respected the curfews, the rules of the center and completed the assigned chores; 4.2 The adolescent attended school regularly and positive reports were made by his teacher; 4.3 The adolescent participated well in the hockey activities and tournaments; 4.4 The father’s incarceration period ended on May 21 st 2016; 4.5 Throughout his incarceration, the father maintained regular contact with the youth worker (the mother ignored this clause); 4.6 The father has moved back with his partner and their children; 4.7 The father actively made steps to improve his situation, as he engaged in a AA program, secured employment and wishes to participate in counselling with his partner (the mother ignored this clause); 4.8 The father has also secured a place for the adolescent in a summer student program in the community, and plans to enroll him in school in Gatineau, where the adolescent has lived in the past; 4.9 The mother continues to reside in City B and is minimally involved in the adolescent’s life (the father ignored this clause);

4.10 The mother has not engaged in the social follow-up; (the mother denied, the child admitted and the father ignored this clause); 4.11 The father is ready and prepared to have the adolescent into his care. [ 5 ] The adolescent’s behaviour and situation have clearly improved since he has been living with his father. The adolescent has a good relationship with his father. [ 6 ] The adolescent expressed his desire to live with his father. The father is willing to care for his son and assume all responsibility for his education and health.

FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the motion; [ 8 ] MAINTAINS that the security and development of the adolescent, X, born on […], 1999, are still in danger; [ 9 ] ORDERS that the adolescent be entrusted to the care of his father, B; [ 10 ] ORDERS that contact between the adolescent and the mother be encouraged and scheduled as agreed between the adolescent and the mother; [ 11 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the adolescent and the family until December 8, 2016; [ 12 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection for the purpose of the execution of the Court order. __________________________________ DENISE DESCÔTEAUX J.C.Q.

Mtre. Camille Champeval DYP for the A Services Attorney for the Applicant Mtre. Constantin Kiryakidis Centre communautaire juridique A Attorney for the adolescent Mtre. Myriam Gaudreault, avocate Attorney for the mother Mtre. Michel Grenier Gaudreault Grenier, avocats Attorney for the father Date of hearing: August 2, 2016