2019 QCCQ 16074, 2019 QCCQ 16074

Protection de la jeunesse — 196387 2019 QCCQ 16074 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 760-41-004861-152 DATE: April 23, 2019 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: […], 2001 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B Parents ______________________________________________________________________ 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 ] On November 5, 2018, the Court revises the measures applied in regards to the adolescent X, entrusting him to his paternal uncle and common law spouse.

Other measures are also extended for six months. [ 2 ] Alleging that the situation of endangerment remains and that the adolescent is functioning well in his alternate environment, the Director of Youth Protection seeks the extension of the measures until his majority. [ 3 ] The adolescent subscribes to the conclusions. [ 4 ] The Court dispenses service to the father considering that he is of unknown address and disinvested in his son’s situation.

As to the mother, the Court proceeds in her absence as she receives notification of the demand and further advises the caseworker of her agreement to the proposed orientation. [ 5 ] Analysis and decision [ 6 ] X resides with his paternal uncle’s environment since summer 2018. His uncle testifies that the adolescent is now an integrated part of the family and is available to care for him at least until his majority. [ 7 ] In March 2019, X decides that he no longer wishes to continue his schooling and wishes to focus on finding work. Since then, he invests himself in services towards this end ([Center A]).

He ceases his drug consumption. [ 8 ] On a personal level, X responds well to the structure applied by his uncle. He is able to better express his emotions, although this remains a challenge. [ 9 ] No contacts occur between X and his parents since the last order. The parents no longer assume a significant role in his life. [ 10 ] The evidence demonstrates that X is evolving well with his paternal uncle and spouse.

He is making positive choices in view of his imminent majority and is being supported to this end. [ 11 ] For all these reasons, the Court endorses the Director’s evaluation and orientation as being an accurate reflection of the adolescent’s interests as well as the objectives of the law. [ 12 ] FOR ALL THESE REASONS, THE COURT: [ 13 ] GRANTS the application for extension of a Court decision;

[ 14 ] DECLARES that the security and the development of the adolescent are still in danger; [ 15 ] EXTENDS the Court order rendered on November 5, 2018; [ 16 ] ENTRUSTS the adolescent to his paternal uncle, Mr. C and his common law spouse, Mrs.

D; [ 17 ] ORDERS that the contacts between the adolescent and his parents be following an agreement between the parties; [ 18 ] ORDERS that the paternal uncle and his spouse report periodically to the Director of Youth Protection on the measures they apply in their own regard or the adolescent’s regard to put an end to the situation in which the security or the development of the adolescent is in danger; [ 19 ] ORDERS that the paternal uncle and his common law spouse take an active

part in the application of the measures; [ 20 ] ORDERS that a person working for an institution or a body provides aid, counselling and assistance to the adolescent and his family; [ 21 ] ALL THESE MEASURES until the adolescent’s majority on […], 2019; [ 22 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Sarah Gaudry Staub Attorney for the Applicant Me Maryse Fournier Attorney for the adolescent Date of hearing: April 23, 2019