2013 QCCQ 17514, 2013 QCCQ 17514

Protection de la jeunesse — 136025 2013 QCCQ 17514 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000436-110 DATE: October 24, 2013 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A , working in Town A Applicant and X, born on […], 2002 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT (sections 95 (1st para.) and 75, Youth Protection Act , R.S.Q. c.

P-34.1) ______________________________________________________________________ [ 1 ] The Director of Youth Protection applied for the review of a decision rendered on September 18, 2012 by Claude Bigué J. At that time, X was entrusted to a rehabilitation centre for a period of nine months, with possible reintegration into a foster family after three months, if the situation allowed. [ 2 ] On June 11, 2013, Renée Lemoine J. ordered the provisional foster care of X in a foster home for a period of 30 days and extended the provisional foster care for a period of 30 days.

The parties consented to the extension of the measures until August 27, 2013, in Town A. [ 3 ] At the hearing, X, an eleven-year-old boy, was assisted by Mtre. Myriame Gaudreault and the mother by Mtre. Marie-Claude De Gagné. Mtre. Gabriel Gaudreault acted on behalf of the petitioner. [ 4 ] The father was not present or represented. In fact, he has not been present at any Court proceedings in the past year. He is not involved in the child‘s life.

A social worker from the community testified that it is impossible to reach him. [ 5 ] The Court considered that it was in the best interest of X to proceed in the absence of the father. [ 6 ] The parties admitted that: • The situation of the father remains the same and he is not involved in the life of X; • Youth Protection has been involved in the life of X‘s younger sibling since March 2013; • At the last hearing, X was entrusted to a specialized resource or foster home in Town B; • The youth was able to improve his behaviour at the foster home; • On May 29, 2013, the police had to intervene with the mother; she was highly intoxicated. [ 7 ] The Court heard Mrs. [Social Worker 1], youth protection worker in Town A, who filed a revision report, a complementary report and a final observation report in which she recommended that X be entrusted to a foster family for a period of nine months, with a possible reintegration with the mother, if the situation allows, after a period of six months. [ 8 ] Occurrence reports were filed in evidence.

It was proved that the mother and her boyfriend display alcohol and conjugal violence related problems and that the police intervened on several occasions.

[ 9 ] The parties agreed with all the measures proposed by Youth Protection. [ 10 ] FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] REVISES the decision rendered on September 18, 2012; [ 13 ] DECLARES that the security and the development of the child continue to be in danger; [ 14 ] ORDERS that X be entrusted to a foster family for a period of nine months, with a possible reintegration with the mother, if the situation allows, after a period of six months; [ 15 ] ORDERS that X continue to attend school on a daily basis; [ 16 ] ORDERS that the mother, the boyfriend and the youth cooperate with the Youth Protection workers; [ 17 ] ORDERS that the mother and the boyfriend seek help from the CLSC and/or Youth Protection regarding their parenting skills and their drug and alcohol consumption; [ 18 ] ORDERS that the mother and the boyfriend report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 19 ] ORDERS that a person working for a body or institution provide aid, counselling and assistance to the mother, the boyfriend, the foster family and the youth; [ 20 ] ORDERS that the police cooperate in the execution of this judgment; [ 21 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre. Gabriel Gaudreault Cain Lamarre Casgrain Wells Counsel for the applicant Mtre. Myriame Gaudreault Bureau d’aide juridique A Counsel for the child Mtre. Marie-Claude De Gagné Counsel for the mother Date of hearing: August 27, 2013