2013 QCCQ 10153, 2013 QCCQ 10153

Protection de la jeunesse — 132933 2013 QCCQ 10153 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF […] Youth Division DATE: May 10, 2013 ______________________________________________________________________ PRESENT: THE HONOURABLE CLAUDE BIGUÉ J.C.Q. ______________________________________________________________________ IN THE MATTER OF: No. 635-41-000306-099 X , born on […], 1997 ______________________________________________________________________ A Mother and B Petitioner ______________________________________________________________________ JUDGMENT ON REVISION (section 95, Youth Protection Act ) ______________________________________________________________________ [ 1 ] The Director presents a motion requesting the review of the decision rendered by Daniel Bédard J., on October 2, 2012, concerning X, 16 years old.

ISSUES RAISED [ 2 ] The motion seeks his placement in a foster family until he reaches his majority. It is not challenged. [ 3 ] All the allegations of the motion are admitted. THE FACTS [ 4 ] X has no contact with his biological father, who is not declared on his birth certificate. His contact with his mother is irregular, and it has been this way since X’s birth. [ 5 ] The mother was not present at the hearing, nor represented by a lawyer. The motion had to be served on the mother by public notice published in a newspaper, pursuant to

section 139 of the Code of Civil Procedure . Her last residential address was in A City. [ 6 ] Following the last Court hearing, the youth was entrusted to the A Rehabilitation Centre in A Village. [ 7 ] With the support of the youth protection authorities, the youth has been able to improve his behaviour. [ 8 ] In January 2013, the youth visited his aunt, Mrs. C, in B Village. [ 9 ] Since February 1, 2013, the youth has been entrusted to Mrs. C, where he is doing well. [ 10 ] Mrs.

C is willing to be the foster family for the youth, until his age of majority. [ 11 ] The youth wishes to be fostered by his aunt’s family. [ 12 ] That foster home can provide the youth with a safe environment that sets limits and boundaries. [ 13 ] The presence of a positive male role model in his life may facilitate a positive transition into adulthood for X. [ 14 ] Contact between X and his mother should be encouraged and maintained, if the mother collaborates. [ 15 ] FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the motion. [ 17 ] REVIEWS the decision rendered by Bédard J. on October 2, 2012. [ 18 ] DECLARES that the security and development of the youth are still in danger.

[ 19 ] ORDERS that the youth, X (1997-[…]), be entrusted to a foster family until he reaches his majority. [ 20 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the mother and granted to the Director of Youth Protection, concerning the youth’s needs for medical services, school, social activities and travel. [ 21 ] ORDERS that the youth attend school daily. [ 22 ] ORDERS that the youth take an active

part in the application of the measures ordered by the Court. [ 23 ] ORDERS that the youth follow the recommendations of the professionals in order to address his anger management and other personal issues. [ 24 ] ORDERS that contact between the youth and his mother be supervised by the Director as to the terms and conditions. [ 25 ] ORDERS that a person working for the Director provide aid, counselling and assistance to the youth and to his mother, until the youth reaches his age of majority. [ 26 ] ORDERS that the police cooperate in the execution of this judgment. [ 27 ] ENTRUSTS the youth’s situation to the Director of Youth Protection for the purpose of executing the present judgment. __________________________________ CLAUDE BIGUÉ J.C.Q.

Mtre. Robert-André Adam Counsel for the petitioner Mtre. Myriame Gaudreault Counsel for the youth A, mother, absent Date of hearing: March 19, 2013