2017 QCCQ 19924, 2017 QCCQ 19924

Protection de la jeunesse — 1710347 2017 QCCQ 19924 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 615-41-001842-136 DATE: October 13, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2004 CHILD ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of the A APPLICANT AND A MOTHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR 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 Y.P.A.). [ 1 ] The Director of Youth Protection submits a motion asking to review a previous Court order rendered by Judge Denyse Leduc, J.C.Q., dated January 29, 2014.

By this judgment, X was placed in the foster family of Jennifer and Wilfred Moses until the age of majority. [ 2 ] For the present hearing, Mtre. Yan Massé acts on behalf of X and Mtre. Adelia Ferreira on behalf of the applicant. The mother is currently incarcerated at the Leclerc Detention Centre, where she was duly served. She is neither present, nor represented by counsel. Representations were made to the Court that Mtre. Marie-Josée Ayoub left a few messages at the Leclerc facility asking the mother to call her back if she wanted to be represented by counsel, but to no avail.

X asks the Court to proceed in the absence of his mother. [ 3 ] On July 6, 2017, the youth was removed from his foster family under immediate protective measures. It appears that in September 2016, X would have kissed the foster parents’ grandson, three years old, on his genital parts over his clothes. Since then, the situation with the foster family deteriorated and the foster parents were clear with X that they do not trust him anymore. They began to be rude and treated X differently.

X was submitted to unreasonable methods of upbringing by the foster family such as putting pepper in his mouth to punish him. [ 4 ] The youth generally functions well in school and in the community despite the fact that a few events took place recently such as not respecting the curfew and not respecting rules. At this stage, it is impossible to determine if such behaviours are linked to the child’s transfer to a new foster family.

The Social Worker states that special attention will be put on this within the social follow-up in order to resolve these misconducts. [ 5 ] The mother is not really involved in X’s life. He has last seen his mother in April 2017, when he participated in a hockey tournament in Town A. The mother does not contact the Youth Worker in order to get information on the evolution of the situation of her son nor to request visits.

She does not keep the Social Worker informed of her whereabouts. [ 6 ] The revision report is filed as evidence and completed by the cross-examination of Mrs. [Social Worker 1] by the youth’s counsel. From the evidence, the Court is convinced that the placement of X is still necessary and the Director of Youth Protection will have to prepare a new life plan for him. [ 7 ] For these motives, the Court :

[ 8 ] GRANTS the motion; [ 9 ] MAINTAINS that the security and development of X, born on [...], 2004, are still endangered; [ 10 ] ORDERS the placement of X in a foster family for a period of one year; [ 11 ] ORDERS that a new life plan be established for the youth; [ 12 ] ORDERS that any access rights between the child and his mother be supervised by the Director of Youth Protection as for the modalities and the frequency; [ 13 ] ORDERS that a psychological follow-up be offered to X for as long as deemed necessary by the professional; [ 14 ] ORDERS that a close follow-up be provided to the youth for the next three months in order to ensure that he adapts well to his new foster family and that the little problems that started to arise have disappeared; [ 15 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child during this period of time; [ 16 ] ORDER the Director of Youth Protection to provide aid, counselling and assistance to the mother if she expressly requests it; [ 17 ] ORDERS the mother to inform the Director of Youth Protection of any change of address; [ 18 ] ORDER any police force to collaborate with the execution of the Court orders if requested to do so by the Director Youth Protection or one of its representatives; [ 19 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adelia Ferreira DYP, A Health and Social Services Lawyer for the applicant Mtre. Yan Massé Centre communautaire juridique A Lawyer for the youth Date of hearing: September 7, 2017