2016 QCCQ 10947, 2016 QCCQ 10947

Protection de la jeunesse — 164783 2016 QCCQ 10947 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001595-138 DATE: August 11, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2000 MR [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother ______________________________________________________________________ JUDGMENT (section 95 (par. 1) YPA, RSQ c.

P-34.1 ) ______________________________________________________________________ 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 YPA). [ 1 ] The Court is seized with a petition asking that the decision rendered on November 12, 2015 by Judge Jean Gravel, JCQ, concerning X be revised.

The petitioner, the delegate of the Director of Youth Protection of A C.Y.P.C., [Social Worker 1], asks for a three-month placement in a foster family. [ 2 ] At the hearing, the mother is present, assisted by Me Angela Tommasel. Me Cassandra Neptune represents the youth and Me Aubrée Coutanson the petitioner. [ 3 ] The parties admit all the allegations and agree with the measures. [ 4 ] Since November 2015, X was first placed at the group home of Town A and after at the rehabilitation centre in Town B.

Because he ran away for almost two weeks, he was first placed at the group home and they found him at his mother's house, he had to be transferred at the reception center in Town B. In such structured environment, his behaviour improved. Even though, he still needs supervision and strict rules. His mother is unable to provide him such supervision. The uncle of X has an authority on him and is able to structure him with the help of an external educator.

The uncle is interested to assume the child and to collaborate with the social worker. [ 5 ] The mother lacks the parental capacities and the resources to care for her son. She consumes drugs and alcohol on a regular basis.

Even though, she maintains regular contacts with her son. [ 6 ] Considering the agreements, the revision report and the testimony, FOR THESE MOTIVES, THE COURT: [ 7 ] GRANTS the petition; [ 8 ] DECLARES that the security and development of X are still in danger; [ 9 ] ORDERS the placement of X in a foster family until October 31, 2016; [ 10 ] ORDERS the Director of Youth Protection to provide external educator services to the youth for three months; [ 11 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and his mother until October 31, 2016; [ 12 ] ORDERS the mother to be sober in presence of the youth; [ 13 ] ORDERS the mother and the youth to collaborate actively with the social worker;

[ 14 ] ORDERS the police to collaborate to the execution of the enactment; [ 15 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q. Me Aubrée Coutanson Attorney for the applicant Me Angela Tommasel Attorney for the mother Me Cassandra Neptune Attorney for the child Date of hearing: July 12, 2016