2018 QCCQ 14817, 2018 QCCQ 14817

Protection de la jeunesse — 185031 2018 QCCQ 14817 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” No: 610-41-000240-044 DATE: August 14, 2018 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2001 [SOCIAL WORKER 1], human relations agent, exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at [...]; Applicant and A, domiciled and residing at [...]; Mother and B, domiciled at [...]; Father ______________________________________________________________________ JUDGMENT (Sec. 95 (1) and 75 of the Youth Protection Act ) ______________________________________________________________________ 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 asks the Court to review a decision rendered on December 6, 2017 in the situation of X, born on [...], 2001, entrusting the adolescent to the foster family of Mrs. C and Mr. D until he reaches the age of majority. [ 2 ] The applicant is recommending that the adolescent be entrusted to Mrs.

E as a proximity foster family if she is accredited as such until he reaches the age of majority. [ 3 ] This day, the adolescent and the applicant are present and represented. As for the parents, they were notified of the present hearing on April 4 th , 2018. Although present in the life of her son, the mother is very inconsistent in her involvement, as well as with her collaboration with the Director of Youth Protection. The father is not present at the hearing but represented by a lawyer. The father’s lawyer said that the father agrees with the recommendations of the Director of Youth Protection.

Considering the situation, the Court allows the proceeding of the motion in their absence. [ 4 ] The adolescent admit in part the allegations set forth and he is in agreement with the measures proposed by the Director of Youth Protection.

EVALUATION OF THE SITUATION [ 5 ] Since the last judgment was rendered in December, it has been more difficult for the youth to conform to his foster parent’s authority. [ 6 ] When he feels annoyed, the adolescent can raise his voice and speak with an attitude to his foster parents and also to other people around. [ 7 ] Another youth who lives in the foster family asserts that he is afraid of the adolescent. [ 8 ] Recently, the foster parents realized that on many occasions, the adolescent left their home during the night by going through his bedroom window. [ 9 ] During the Easter week-end, the adolescent went to a hockey tournament in Town A with his foster family.

On Marth 30, after an argument with his foster father, the adolescent left the home where they were staying without authorization. The youth was found the

next morning after father had contacted the police. [ 10 ] That same day, after he had been taken in charge by a director’s delegate, the adolescent ran away. He was found by the police on Tuesday April 3, late at night, in Town B at his girlfriend’s place. [ 11 ] The adolescent’s foster parents advised the applicant that they could not continue to keep him at their place.They assert that they are unable to provide the adolescent with the appropriate supervision. [ 12 ] On April 4, 2018, the Director took an immediate protective measure to entrust the adolescent to a rehabilitation center.

ANALYSIS [ 13 ] Due to the instability of the parents and their lifestyle, which includes drugs, alcohol and criminal activities, it is in the best interest that their son be under the care and supervision of the Director of Youth Protection until he reaches the age of majority [ 14 ] The youth no longer wanted to abide to structure and any imposed limitations.

This made things difficult for the foster family as its part of their responsibilities. [ 15 ] The youth expressed that he is tired of the Director of Youth Protection making all the decisions in his life and he wishes to be able to make some decisions regarding his future and being able to live with his girlfriend. [ 16 ] The applicant is recommending that the youth be entrusted to Mrs. E until he reaches the age of majority.

After some long reflecting and allowing some openness to cultural behaviors, the applicant comes to the conclusion that in the Native setting it is not frowned upon to live with one’s partner at young age. This tradition is accepted and welcomed in many of the homes of either parent of the young couple. The applicant is ready to give this a try as there is also a back-up plan in place with the grandmother close by. [ 17 ] Mrs E testified to the fact that even if her daughter and the youth decide to separate, she is still ready to keep the youth until he reaches the age of majority.

FOR THESE MOTIVES, THE COURT: [ 18 ] GRANTS the application to review a decision under section 95(1) and 75 of the Youth Protection Act [ 19 ] MODIFIES the judgment that was rendered on December 6,2017; [ 20 ] ENTRUSTS the youth X, born on [...], 2001, to Mrs E as a proximity foster family if she is accredited as such until he reaches the age of majority; [ 21 ] ORDERS that the youth may have outings at the paternal grandmother’s Mrs F according to the needs of the youth and the evolution of his situation; [ 22 ] ORDERS that an institution or body provide aid, counselling and assistance to the youth and the youth’s parents until he reaches the age of majority; [ 23 ] ORDERS that the youth and his parents participate actively in the measures; [ 24 ] ORDERS that the parents get counselling for their drug and alcohol consumption for as long as deemed necessary by the professionals; [ 25 ] ORDERS that the parents be sober in the presence of their son; [ 26 ] ORDERS that the visits between the youth and his parents be determined by the Director of youth protection services as for the frequency, their modalities and in the presence of a third party if judged necessary; [ 27 ] ORDERS that the youth receives all the health services required by the situation; [ 28 ] ORDERS that the youth receives all necessary services for his situation or for his personal difficulties, such as drug consumption; [ 29 ] RECOMMENDS that the parents benefit from services for their personal difficulties; [ 30 ] ORDERS that both parents report themselves at regular intervals to the Director of Youth Protection; [ 31 ] ORDERS that the parents accept the exchange of information between all professionals implicated in the family’s life to put an end to the situation in which the security or development of the youth are endangered; [ 32 ] ORDERS that police force collaborate to the execution of the Court order, if deemed necessary; [ 33 ] ENTRUSTS the situation of the youth to the Director of Youth Protection for the execution of the present decision.

__________________________________ Marc E. Grimard, J.C.Q. M e Julie Lemire Counsel for the applicant M e Catherine Dionne-Marcotte Counsel for the adolescent M e Daniel Ouellette Counsel for the father Date of hearing: May 24, 2018