2015 QCCQ 15019, 2015 QCCQ 15019

Protection de la jeunesse — 153870 2015 QCCQ 15019 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 140-41-000412-138 DATE: July 20, 2015 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on […], 1999 Adolescent -and- A -and- B 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 adolescent has lived in a foster family since January 19, 2015, but he benefits from extended stays with his father. [ 2 ] The Director of youth protection (DYP) is now asking the Court to revise and extend the previous order to the end of March 2016.

According to the petition, the DYP wishes that the adolescent be entrusted to his father’s care. [ 3 ] The youth chooses not to be present during the hearing, but his lawyer consents on his behalf, to the recommended measures and the deposit of the report to value the testimony of his author. [ 4 ] The situation of the adolescent has improved positively since the last court order. He visits his father every Wednesdays and every weekend, and it has gone well.

The adolescent also has a brother with whom he argues at times but the father is able to manage the situation between them. [ 5 ] The adolescent is sixteen years old. He can function well in a structured environment, and the father can provide it. [ 6 ] The foster family mentions that the adolescent follows the rules, and his behavior is appropriate, except maybe from time to time, in regards with his personal hygiene. He appears to be very smart, and is doing well in school as long as he is motivated by adults. He’s very respectful and polite with his peers.

He’s also grateful for what people do for him, especially towards his father. [ 7 ] The situation of the father has improved since the last court order. The father applies the counsels and tips given by the educator. He’s able to provide a daily routine for his son. The adolescent respects his father's authority. [ 8 ] Since the mother returned in the area, it has affected the adolescent humour and motivation.

She’s not really present in the youth’s life. [ 9 ] Even if the situation of the adolescent has evolved some support is still required in order to help the youth. [ 10 ] The evidence leads this Court to believe that the suggested measures are appropriated. However, the father will have to continue to involve himself in the process in order for these measures to be a success. [ 11 ] The evidence demonstrates that the security and development of the youth are still in danger. Under the circumstances, the

petition is well founded. The suggested measures appear to be in the best interest of this youth. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT : [ 12 ] GRANTS the petition for revision and extension of order; [ 13 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 14 ] REVISES AND EXTENDS the Court order rendered on January 19, 2015; [ 15 ] ORDERS that the adolescent be entrusted to his father; [ 16 ] AUTHORIZES the adolescent to benefit from recesses in a foster family when needed and for a maximum period of five days a month; [ 17 ] ORDERS that the adolescent and his parents participate actively in the applications of the measures suggested by the DYP in order to put and end to the situation that is endangering the security and development of the adolescent; [ 18 ] ORDERS that a person working for an establishment provides aid, counsels and assistance to the adolescent and his family until March 31, 2016; [ 19 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Martine Paradis for the petitioner Me Mylène Murray for the adolescent Mrs. A the mother (absent) Mr. B the father (absent) Date of hearing: July 20, 2015 Written judgment filed on July 30, 2015