2018 QCCQ 12776, 2018 QCCQ 12776

Protection de la jeunesse — 183329 2018 QCCQ 12776 JG2189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] Youth Protection Division No: 450-41005478-152 DATE: April 25, 2018 ______________________________________________________________________ BY THE HONOURABLE LISE GAGNON, J.Q.C. ______________________________________________________________________ IN THE SITUATION OF THE CHILD : X Born on […], 2002 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of the Centre jeunesse du CIUSSS A, working at […]; (Applicant) -and- A ; residing and domiciled at […]; -and- B , residing and domiciled at […]; 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 ] The Director of youth protection (DYP) submits to the court a motion for revision of a decision rendered November 24, 2016 in which the court entrusted X to a foster family until his majority.

[ 2 ] Since then, the DYP alleges that the following facts occurred:

a) X has been living in the foster care of Mrs. C and Mr. D since August 2015;

b) Last November, X told the social worker that he did not feel comfortable anymore living in this foster family and that he did not feel accepted as a part of the family;

c) Since last November, X’s wish is to move in with his godfather, Mr. E who is married and has four kids;

d) At that moment, after obtaining everyone’s agreement, X has had contacts with his godfather once every two weekends. Those contacts are positive and X’s behavior is appropriate and he complies with the rules;

e) Mr. E wants X to be entrusted to him; he and his wife have been evaluated by the Director of youth protection to become a foster care family for X and the evaluation is positive;

f) Last January, Mrs. C was hospitalized due to a medication overdose; She was discharged from the hospital on February 15 th . She then was diagnosed with dementia;

g) Because of her health problems, -Mrs. C has decided to close her foster care for she does not have the psychological and physical capacities to continue providing X’s needs;

h) However, Mrs. C’s husband wants, X to stay, but he does not understand his wife’s new reality;

i) On February 18 th , the Director of Youth Protection applied an immediate protective measure and X was entrusted to his godfather; [ 3 ] The DYP now recommends that X be entrusted to his godfather . [ 4 ] This recommendation is in X’s best interest.

FOR THESE REASONS, THE COURT: GRANTS the present application; DECLARES that the security and the development of the youth X are in danger; REVISES the Court order rendered on November 24 th , 2016; ENTRUSTS the youth to a foster family, namely the foster family of E and F , for a period of one (1) year ; AUTHORIZES at the youth’s request, contacts with his mother, after agreement and upon the modalities set with the Director of youth protection ; AUTHORIZES , in the youth’s best interest, contacts with his father, after agreement and upon the modalities set with the Director of youth protection ; ORDERS that X and his parents participate actively into the psychosocial follow-up and the actualization of the intervention plan ; ORDERS that X receive all the healthcare services needed by his situation, namely to pursue his psychological follow-up for the time deemed necessary; TAKES NOTICE that X wants to end up his follow-up with his psychologist ; ORDERS that a person working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the youth and to his fam il y father, and to his mother if she expressly request it , for a period of to b e s e t at th e Court dat e of one (1) year ; ENTRUSTS the situation of the youth X to the Director of Youth Protection to see that the measures are carried out.

Signed this 14th day of May 2018 __________________________________ LISE GAGNON, J.Q.C. Me Ludovick Whear-Charette Youth Protection Counsel Me Francis d’Amour Montminy Counsel for the Child Date of hearing: April 25 th , 2018 D-13