2016 QCCQ 9905, 2016 QCCQ 9905

Protection de la jeunesse — 164232 2016 QCCQ 9905 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001249-090 DATE: July 4 th , 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X , born on […], 2001 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of youth protection of the A C.Y.P.C., working in City A, District A Applicant and A, residing and domiciled in City A, District A Mother and B, residing and domiciled in City A, District A Father ______________________________________________________________________ JUDGMENT (

section 95 of the Youth Protection Act , R.S.Q. c. P-34.1) ______________________________________________________________________ JL2340 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 Director of Youth Protection of A C.Y.P.C. asks the Court to revise the decision rendered on June 18 th , 2015, by Judge Jean Gravel, J.C.Q., concerning X, born on […], 2001. [ 2 ] At the hearing, the parents and the youth are present, assisted by Me Nicolas Welt for the father, Me Marie-Claude DeGagné for the mother and Me Angela Tommasel for the youth.

Me Donald Bourget represents the petitioner. [ 3 ] The parties admit all the allegations and agree with the measures proposed in the revision report. The evidence is completed with the social worker’s testimony and her report. [ 4 ] Following the last judgment, X was first entrusted to the Group Home in City B and in September, to the Rehabilitation Center in City A.

There, the youth made improvements and was able to have regular contact with his parents. [ 5 ] He ran away from the center on January 21 st , 2016, and found by the social worker two months after. [ 6 ] While being away, the youth mostly lived at his parent’s house. When the new social worker located him, there was no more place available at the center and consequently, on provisional measures, the youth remained with his parents. [ 7 ] Since, the parents are more collaborative and the youth seems more encline to collaborate. Even if previously ordered, the psychological assessment is not done yet.

Since his two suicidal attempts last September, he did not display distress again and he stays out of trouble. [ 8 ] The parents still have marital alcohol and drug issues but are collaborative. They wish to have X under their care. They have identified few resources persons if they need help. CONSIDERING THE EVIDENCE, THE COURT: [ 9 ] GRANTS the petition;

[ 10 ] DECLARES that the security and development of X, born on […], 2001, are still endangered; [ 11 ] REMAINS the youth with his parents at the specified conditions : − That the youth attends school regularly next year, starting August 2016; − That the youth does not consume any drug, alcohol or intoxicated substances (except on medical prescription); − That the youth respects all the rules (including curfews) that will be fix to him by his parents and the social worker; [ 12 ] ORDERS that the youth and his parents report in person once every two weeks to the social worker to inform him of the current situation and participate to the social follow-up once every two weeks for the next five months and after, as requested by the social worker; [ 13 ] AUTHORIZES the Director of Youth Protection to make unannounced visits at the family’s house; [ 14 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and his parents for one year; [ 15 ] ENTRUSTS the situation of the youth to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ Denyse Leduc, J.C.Q.

Me Angela Tommasel For the child Me Donald Bourget For the applicant Me Marie-Claude DeGagné For the mother Me Nicolas Welt For the father Date of hearing: May 25, 2016