2019 QCCQ 18857, 2019 QCCQ 18857

Protection de la jeunesse — 197870 2019 QCCQ 18857 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] « Youth division »

N° : 455-41-001237-197 DATE : October 17, 2019 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on […], 2005 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A The mother -and- B The father ______________________________________________________________________ JUDGMENT [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 Y.P.A.).

Introduction [ 1 ] The Director is requesting the revision of the Court order rendered on July 4, 2019. [ 2 ] By this decision, the Tribunal declared that the security and development of X were in danger for the motive of educational neglect. [ 3 ] As protective measures, the Tribunal entrusted the youth to a foster family, authorized in X’s favour and in his best interest, contact with each of his parents and with his paternal grandmother, took notice that the mother is currently refusing to participate in contact with her son, ordered that the youth receive specific health care and health services in regards to the diagnosis of ADHD and that X respect the medical recommendations concerning his medication and ordered a social follow-up until his age of majority. [ 4 ] Shortly after this order, X’s placement was compromised. [ 5 ] On August 21 st 2019, an altercation occurred between the youth and the foster father.

The latter was physically and verbally abusive against X. [ 6 ] Following this event, X went to live with his paternal grandmother from August 26 th to September 22 nd , until a new foster family was designated for the youth. [ 7 ] X integrated his new foster home on September 6 th , 2019. [ 8 ] His father testifies that X is in a good home where he receives answer to his needs. [ 9 ] The Director is requesting a foster home placement order for a period of 6 months to ascertain that the match between X and his foster home is adequate. [ 10 ] The Director also request that the Tribunal orders that the youth receive specific health care and health services and that he

respect the medical recommendations concerning his medication, and a social follow-up, the whole for a period of six months. [ 11 ] At the hearing of October 17, the mother is absent. She was duly served. The Court proceeds in her absence. [ 12 ] The father is present and not represented, he agrees with the conclusions sought by the Director. [ 13 ] X is present and represented. He is also in agreement with the recommendations. [ 14 ] The Court grants the Director’s recommendations that reflect the change in the placement situation.

FOR ALL THESE MOTIVES THE COURT : GRANTS the present application; DECLARES that the security and development of the youth X are in danger; REVISES the Court order rendered on July 4, 2019 in the present file; ORDERS that the youth X be entrusted to a foster family for a period of six months; AUTHORIZES , in the youth’s favour and in his best interest, contact with each of his parents and with his paternal grandmother, according to the modalities set with the Director of Youth Protection; TAKES NOTICE of the Director of Youth Protection’s intention to clarify an alternative long-term plan for the youth during this period, excluding the return with his parents; ORDERS that the youth and his parents take an active

part in the application of any of the measures ordered, namely that they collaborate to the elaboration of the intervention plan and the social follow-up; ORDERS that the youth receive specific health care and health services and that he respect the medical recommendations concerning his medication; ORDERS that a person working for CIUSSS A or any other establishment or body provides aid, counsel and assistance to the youth X and his family for a period of six months; ENTRUSTS the situation of the youth X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

Me Andréanne Lacasse Counsel for the DYP Me Caroline Rosa Counsel for the youth Date of written judgment : November 5, 2019