r v. A, 2016 QCCQ 5651

Protection de la jeunesse — 162613 2016 QCCQ 5651 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-001703-027 DATE: March 17, 2016 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: […], 1998 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A B Parents ______________________________________________________________________ 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 Director of Youth Protection presents a motion for the extension of the conservation period of the information detained by their services in regards to the adolescent X. [ 2 ] More specifically, this motion requests that the conservation period be extended for three years following the adolescent’s imminent majority and this, in order to undertake and complete the institution of protective supervision of a person of full age. [ 3 ] The Court proceeds in the absence of the parents, dispensing service to the father, who is of unknown address. [ 4 ] The adolescent’s attorney consents to the conclusions of the motion. [ 5 ] Context [ 6 ] The adolescent is the subject of protective measures since 2001, including his removal from his family environment.

In 2005, there is a permanency plan put in place, namely his placement in foster care until his majority.

Although for a time he is entrusted in a rehabilitation center to stabilize his functioning, he returns to a specialized foster milieu through the [organism A]. [ 7 ] On May 22, 2015, the Court renders a decision confirming the pursuit of the situation of endangerment and the application measures until the adolescent’s majority, namely […], 2016. [ 8 ] The adolescent has an intellectual disability which impedes his ability to function independently. [ 9 ] Considering the adolescent’s difficulties, the Director undertakes the preliminary steps towards the establishment of a protective supervision as of the adolescent’s majority.

The Director of Youth Protection detains the only comprehensive file as to the adolescent’s history, both medical and social. [ 10 ] The parents are aware of the process to be undertaken. [ 11 ] Analysis and decision [ 12 ] The Petitioner asks for the application of

article 37.4 of the Youth Protection Act, which stipulates the following: 37.4. Should the director or the tribunal decide that the security or the development of the child is no longer in danger, the director must keep the information in the record for five years after that decision or until the child reaches 18 years of age, whichever is shorter.

The tribunal may, on exceptional grounds and for the period it determines, extend the period for which the information in the record must be kept. [ 13 ] The evidence demonstrates that it is in the best interests of the adolescent that the information detained by the Director of Youth Protection remain available to support a fluid transition towards the institution of the protective services in his adulthood, and this, in view of his recognized incapacities. [ 14 ] Therefore, the Court endorses the conclusions sought. [ 15 ] FOR ALL THESE REASONS, THE COURT: [ 16 ] DISPENSES service to the father; [ 17 ] GRANTS the motion for extension of the conservation period of the information; [ 18 ] EXTENDS the conservation period of the information contained in the child's record for three (3) years; [ 19 ] THE WHOLE without costs. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Frédérique Dupuis Attorney for the Petitioner Me Michel Robert Attorney for the adolescent Date of hearing: March 17, 2016