2016 QCCQ 9903, 2016 QCCQ 9903

Protection de la jeunesse — 164230 2016 QCCQ 9903 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001246-096 DATE: July 4 th , 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 2003 [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 Applicant and A, residing and domiciled in City A, district A Mother and B, residing and domiciled in City A, district A Father ______________________________________________________________________ JUDGMENT (sections 95 (par.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 of the A C.Y.P.C. seized the Court of a motion in revision of the judgment rendered on April 7, 2015, by Judge Jean Gravel, J.C.Q., concerning the situation of X, born on […], 2003.

The child was placed in a foster family until December 18 th , 2015, and today the petitioner asks for the placement of the child in a Reception Center for six months, followed by a reintegration with his mother. [ 2 ] At the hearing, the child and the mother are present, assisted by Me Nicolas Welt (child) and Me Angela Tommasel (mother). Me Donald Bourget represents the applicant and the father is absent. [ 3 ] Even if the child and his mother made many admissions, they disagree with the proposed measures.

The child wants to return with his mother immediately and the mother is ready to assume him. [ 4 ] Since the end of December 8 th , 2015, the child is submitted to provisional orders. First, he was placed with his mother. In February, the applicant asked for a placement in a foster family and in April, he was maintained in a foster family. Today, the applicant asks for a Reception Center. [ 5 ] Many reasons were invoked for those postponements.

During all the time, the child knows that if he was not respecting the rules,tThe social worker would amend his measures and asks for a Reception Center. [ 6 ] Now, the evidence reveals that the situation of the parents remains the same. The mother consumes alcohol and the father has severe brain injury that impedes his parental capacity. Even if provided the services of an external educator, the parents are unable to control the child and he continues to misbehave. [ 7 ] The mother was able to reduce her alcohol consumption and was very collaborative. She received the help of the foster mother on a daily basis.

Even though the child was not attending school and did as he wanted. [ 8 ] Even in foster families, the child did as he wanted. He often stayed out all night, refused to go to the foster home. Lot of negotiations was done but the child continues to defy authority. He is not able to respect rules and authority. He constantly tries to manipulate the people and he will continue if he would return with his mother right now. CONSIDERING THE EVIDENCE, THE COURT: [ 9 ] GRANTS the motion;

[ 10 ] DECLARES that the security and development of X, born on […], 2003, are still endangered; [ 11 ] ORDERS the placement of the child in a Reception Center for a period of four months with reintegration with his mother; [ 12 ] ORDERS the Director of Youth Protection to provide the services of an educator to the child and his parents for a period of six months from his total reintegration; [ 13 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and his parents for one year; [ 14 ] ORDERS the child to collaborate actively with the social worker and to report himself to the social worker regularly; [ 15 ] ORDERS the parents to remain sober in presence of their child; [ 16 ] ORDERS the Director of Youth Protection to supervise the contact of the child with his parents during his stay at the Reception Center; [ 17 ] ORDERS the police to cooperate in the execution of this order; [ 18 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the A C.Y.P.C. for the purpose of executing the measures ordered by the Court. __________________________________ DENYSE LEDUC, J.C.Q.

Me Nicolas Welt Attorney for the children Me Donald Bourget Attorney for the applicant Me Angela Tommasel Attorney for the mother Date of hearing: May 25, 2016