2017 QCCQ 9256, 2017 QCCQ 9256

Protection de la jeunesse — 173828 2017 QCCQ 9256 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 525-41-009990-011 DATE: July 4, 2017 ______________________________________________________________________ BY THE HONOURABLE LINE BACHAND, J.C.Q. ______________________________________________________________________ DIRECTOR OF THE YOUTH PROTECTION A X Born on [...], 1999 adolescent and A B parents JUDGMENT

Section 95 L.P.J. ______________________________________________________________________ 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 Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing regarding X (17 years old). [ 2 ] The Director of Youth Protection (the Director) filed an Application to revise a decision rendered by the Honourable Judge André St-Cyr, on May 3, 2004.

The said decision extended an order and entrust X to a foster family until the age of majority. [ 3 ] On June 13, 2017, the Director filed an Application for provisional measures and asked the Court to order the placement of the adolescent in a rehabilitation centre until the date of the hearing on the merits. The impossibility to maintain the adolescent in her foster family was the reason invoked by the Director. Moreover, the adolescent was asking to be removed from the foster family.

Difficulties obtaining the collaboration of this resource and the adolescent’s failure to respect the authority of adults were also invoked. The application for provisional measures was granted. [ 4 ] At the hearing on the merits, the Director suggests that the adolescent be entrusted to a rehabilitation centre until her majority with other measures of support. [ 5 ] The adolescent and the father, assisted by their attorneys, are present at the hearing.

The mother, due to her chronic health problems, is not present but her lawyer informs the Court of her consent to the Application. [ 6 ] The allegations of the Application are mostly admitted. The parties agree to the measures recommended by the Director. [ 7 ] The youth worker testifies. Her Court report is filed as documentary evidence. Questioned about the contacts that the adolescent will have with her parents, she explains that her best interest and her wishes will be the priority. [ 8 ] The Court report explains the fragility of X.

The adolescent was diagnosed with Adjustment Disorder with mixed anxiety, depressed mood and attachment issues. She has suicidal ideations, and behavioural problems. She tried to run away from school and from the foster family.

She is easily influenced by unknown men who tried to convince her to leave the foster home and live with them. [ 9 ] Considering the age of the adolescent and her fragility, the purpose of the intervention will be to help her develop her autonomy if it is her will and if her behaviour allows it. [ 10 ] As it appears from the admissions of the parties and the Court report, the reasons invoked by the Director to remove the adolescent from her foster family in the Application for provisional measures are still present.

These new facts establish the necessity to review the order of the Honourable Judge St-Cyr. [ 11 ] Concerning the contacts between the adolescent and her parents, the adolescent’s wishes will have to be taken into account, but considering that she has not lived with them since her childhood, the concern will also have to be the best interest of X. [ 12 ] The Court is satisfied that the measures are in X’s best interest and respect her rights. [ 13 ] FOR ALL THESE REASONS, THE COURT :

[ 14 ] GRANTS the Application; [ 15 ] ORDERS that X be entrusted to a rehabilitation center until her age of majority, [...], 2017; [ 16 ] ORDERS that the frequency and modalities of contacts between the adolescent and her parents be determined by the Director of Youth Protection, taking into account the evolution of the situation and the adolescent’s best interest and also the wishes of X; [ 17 ] ORDERS that a person working for [Centre A] provide aid, counsel and assistance to X and her family until [...], 2017; [ 18 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 19 ] ORDERS the execution of this judgement by any peace officer, if necessary. __________________________________ Line BACHAND, J.C.Q.

Me Heidi LECHTER Director’s attorney Me Alec FAFARD Adolescent’s attorney Me Judith SHAPIRO-KNIGHT Mother’s attorney Me Lilian STAH Adolescent’s attorney Date of hearing: July 4’ 2017