2010 QCCQ 18493, 2010 QCCQ 18493

Protection de la jeunesse — 106940 2010 QCCQ 18493 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC [...] Youth Court Division N°: 525-41-021117-080 Date: December 17, 2010 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 1996 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of Youth and Family Centres A Applicant -and- A , the mother -and- B , the father The parents -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Mise-en-cause JUDGMENT

Section 95-95.1 of the Youth Protection Act (L.R.Q., C.P-34.1) JD2620 [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of December 17, 2010, in accordance with the requirements of

section 90 of the Youth Protection Act . [ 2 ] The Court was presented with an application for revision of an order rendered on October 26, 2009, by the undersigned whereby the now fourteen year-old adolescent, X , was entrusted to foster care with aid, counsel and assistance, as well as other corrective measures, until August 21, 2010. [ 3 ] The Court was also presented with a similar application regarding the adolescent's younger brother. [ 4 ] The facts alleged in support of the motion are as follows: 3.1 the child remained in a foster home; 3.2 the child is developing well and has matured during the course of the last year; 3.3 despite the child's reluctance to undergo therapy to address personal issues, the mother has taken initiative to set up counseling sessions with IVAC; 3.4 the mother has maintained regular contact with the child; 3.5 the relationship between the child and the mother has improved significantly; 3.6 the mother is taking steps to correct her situation, more particularly but not restrictively in that:

a) the mother is in the process of completing the drug treatment program at desintoxication center A;

b) to the exception of one occasion, the mother has tested negative to the random drug tests;

c) the mother has begun to assume more responsibility for the child;

d) the mother has maintained full time employment; 3.7 the father has remained minimally involved; 3.8 given the mother's progress and gains, a reintegration of the child to the mother's care along with support services is warranted (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, and considering continued progress since the filing of the motion, the Director recommends that the adolescent be entrusted to her mother's care, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 6 ] An interim decision was rendered on September 13, 2010 whereby the adolescent was entrusted to her mother's care for a period of almost three months. [ 7 ] At the hearing on the merits, on December 17, 2010, the mother, who chose to proceed without the assistance of legal counsel, admitted most of the alleged facts and consented to the proposed measures. [ 8 ] The father, although duly advised of the hearing, failed to appear and the Court proceeded in his absence. [ 9 ] The adolescent, assisted by Me Sepinwall, consented to the proposed measures. [ 10 ] The Director filed Exhibits D-1 and D-2 as evidence: D-1: Court report written by [social worker 2], dated August 16, 2010; D-2: Addendum by [social worker 3], dated December 10, 2010. [ 11 ] In

summary, the evidence establishes, much to the mother's credit, that great progress has been made: The situation has greatly improved since the last court order. The mother has been fully collaborative and has taken steps to improve her situation in order to have the children come home. She has almost completed her drug treatment program and has remained drug free with the exception of one occasion. She has begun to take on more parenting responsibilities but will need supports in order to reintegrate her children into a family unit under her care.

She will now have to juggle not only a full time job but the child's school needs and weekly therapy sessions for both children. Ms. A in just completing her drug rehabilitation program at this time. She has had difficulties in the past raising her two children and relied heavily upon her mother for support.

Her mother is now deceased and she will be attempting to parent two children once again, one with a very strong character who has been parentified, and the other with significant learning disabilities who will need a lot of extra help and support. [1] (reproduced with errors and/or omissions) [ 12 ] Under the circumstances, given the progress observed and the consent expressed, the Court is satisfied that the motion is well-founded and that the recommendations are in the adolescent's interest. [ 13 ] THEREFORE, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of the adolescent, X , remain compromised for the reasons initially declared; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING CORRECTIVE MEASURES: [ 16 ] ORDERS that the adolescent be entrusted to her mother's care; [ 17 ] ORDERS that the frequency and modality of contacts between the adolescent and her father, Mr.

B, be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 18 ] AUTHORIZES the Director of Youth Protection to provide respite foster care for the adolescent for a maximum of five days per month (over a period of six months), upon availability of the resource and upon agreement of all parties; [ 19 ] STRONGLY RECOMMENDS that the family participate in appropriate programs to support a successful family reunification, including [program A]; [ 20 ] STRONGLY RECOMMENDS that the adolescent receive therapeutic counselling; [ 21 ] ORDERS that the mother undergo random drug testing at the request of the delegate; [ 22 ] TAKES JUDICIAL NOTICE of her consent to do so;

[ 23 ] ORDERS that the mother ensure that the medical needs of the adolescent are met; [ 24 ] ORDERS that the family collaborate with the Director of Youth Protection and meet with the delegate when requested; [ 25 ] AUTHORIZES the Director of Youth Protection to communicate with any treating professionals regarding attendance and progress; [ 26 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family; [ 27 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of Youth and Family Centres A, who shall then see that the measures are carried out; [ 28 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Isabelle LORANGER / AI0942 Attorney for the Director of Youth Protection Me Bernard SEPINWALL / AS1269 Attorney for the adolescent Judgment rendered verbally on December 17, 2010 . TD/md