2014 QCCQ 14429, 2014 QCCQ 14429

Protection de la jeunesse — 144563 2014 QCCQ 14429 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001139-085 DATE: September 16, 2014 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 2000 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection A, working in Town A, district A (Quebec) […] Applicant and A , residing and domiciled in Town A, district A (Quebec) […] Mother ______________________________________________________________________ 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 applicant asks the Court to review the orders rendered on November 27, 2013 by Judge Jean Gravel. On that date Judge Gravel maintains that the security or development of the youth was still endangered pursuant to the law. He entrusted the youth to a rehabilitation center for a period of four months with a progressive reintegration with his grandparents (foster parents) as soon as the situation allows it.

Other measures were ordered until the youth's age of majority. [ 2 ] If the Court concludes that the youth's security or development is still endangered pursuant to the law the applicant recommends that the youth be entrusted to his grandparents (foster parents) B and C until June 19, 2015. [ 3 ] The youth lives already with his grandparents and they want to keep him with them until June 19, 2015. [ 4 ] The mother and the youth are present and represented by their lawyers. They acknowledge that the youth's security or development is still endangered pursuant to the law.

They both agree with the applicant's recommendations. [ 5 ] The Court considers the following facts as proven by preponderant evidence. The Facts [ 6 ] On November 27, 2013, the youth was entrusted to a rehabilitation center for a period of four months then reintegrated with his grandparents (foster parents) in March 2014. Everything went well until this summer where a conflict broke out between the youth and his grandparents. The nature of that conflict is unknown.

After that the grandparents decided not to foster the youth anymore. [ 7 ] The Director of Youth Protection identified a new foster home for the youth in his relatives family, to wit, his aunt Mrs D. On July 18, the youth started to live at his aunt's place. Because of the alcohol problem of his aunt's husband and other unidentified reasons the youth went back with his grandparents and is still with them. [ 8 ] The youth wants to stay with his grandparents and they want to keep him with them. [ 9 ] The grandmother is a schoolteacher.

She takes good care of the youth and sets rules in her house that he must respect. [ 10 ] In July 2014, the mother returned to the community. She was back from a period of detention and went to [Center A] for six months. She loves the youth very much and wishes to take care of him on a more permanent basis. However she is not ready to take care of him as she just comes back and has to adapt to her new life. [ 11 ] She has been sober for more than a year.

The mother lives with her brother E and works full time at the hospital as a cleaning lady. [ 12 ] The youth visits his mother everyday and spends some time with her since her arrival in the community. Those contacts are very positive for both of them. [ 13 ] According to the Director of Youth Protection the mother is not ready to take back her son with her. However her collaboration

is very good and she is easily reachable. [ 14 ] The youth suffers from past traumas and has a hard time to express himself in English. He does not know how to express his feelings. In the past he used to sniff solvents and there is a strong suspicion that his brain is damaged by this habit. [ 15 ] The youth was seen by a psychologist in the middle of August. The specialist started to assess the youth. It has to be done in many different steps and it is a harsh process due to the actual resources and the youth's personal issues.

The applicant questions the usefulness of that process as the Director of Youth Protection already have a good idea of why the youth behave this way. Besides his behavioural issues the youth is in good health. [ 16 ] The youth is vulnerable in his own way because of his personal issues. He can be the prey of bullies and get bullied from older teenagers. At the end of the semester he will attend the ALP (Alternative Learning Path) in school for youths with learning disabilities.

Decision [ 17 ] As the mother is back in the community and easily reachable by the Director of Youth Protection if he needs to contact her, the Court concludes that the parental authority's delegation to the Director of Youth Protection is no more necessary. [ 18 ] The evidence reveals that the grandparents provide to the youth a healthy and structured environment.

According to the Director of Youth Protection the grandmother manages very well as a foster family. [ 19 ] The Court concludes that it is in the youth's best interest to be fostered by his grandparents. [ 20 ] Considering the evidence and the admissions from the parties the Court concludes that the security or development of X, born on […], 2000, is still endangered. [ 21 ] The Court concludes also that the applicant's recommendations are appropriate, reasonable and in the youth's best interest.

For these reasons the Court: [ 22 ] Grants the motion; [ 23 ] Maintains that the security or development of X, born on […], 2000, is still endangered pursuant to the law; [ 24 ] Orders the following measures until June 19, 2015; [ 25 ] Entrusts the youth to his grandparents B and C; [ 26 ] Considering that the mother is back in the community, reachable and collaborates well with the Director of Youth Protection; considering that the parental authority's delegation to the Director of Youth Protection is no more necessary.

The court takes judicial notice that the mother will exercise her full authority on the youth; [ 27 ] Orders that the mother, the grandparents and the youth participate actively to the measures ordered; [ 28 ] Orders that the contacts between the youth and the mother be supervised by the Director of Youth Protection as for the modalities, the frequency and the length; [ 29 ] Orders the youth to attend school on regular basis; [ 30 ] Orders the mother to remain sober in the presence of the youth; [ 31 ] Orders that a person working for an institution or body provides aid, counselling and assistance to the youth, mother and grandparents; [ 32 ] Maintains all other measures ordered on November 27, 2013, by Judge Jean Gravel that are still relevant and applicable to this situation; [ 33 ] Orders any police body to collaborate for the purpose of executing this enactment; [ 34 ] Entrusts the situation of the youth to the Director of Youth Protection A who shall then see that the measures are carried out. __________________________________ Josée Bélanger, J.C.Q.

Me Camille Provencher, attorney for the Director of Youth Protection

Me Joanie Jacob, attorney for the youth Me Angèle Tommasel, attorney for the mother Date of hearing: September 4, 2014