2018 QCCQ 17356, 2018 QCCQ 17356

Protection de la jeunesse — 188405 2018 QCCQ 17356 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31843-162 Date: September 17, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2002 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother (deceased) The parent JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of September 17, 2018, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision of an order rendered by the undersigned, on June 5, 2017, whereby the now sixteen year-old adolescent, X , was entrusted to the foster home of his maternal uncle and aunt, Mr B and Ms.

C, with aid, counsel and assistance, for a period of one year. [ 3 ] The Court was also presented with a similar application regarding the adolescent’s half-sister whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the application for revision dated June 5, 2018, are as follows: 3.1. since the last court hearing, the adolescent and his half-sister, have remained in the care of the maternal uncle and aunt, Mr. B and Ms.

C; 3.2. the adolescent suffers from cerebral palsy, microcephalic, dysplasia, has regular seizures and spasms and is visually impaired; 3.3. due to the adolescent’s medical conditions, he requires twenty-four hour care and assistance; 3.4. the adolescent began attending School A, in April 2018, with a slow integration starting at three (3) days a week; 3.5. between June 2017 and November 2017, Mr. B and Ms. C struggled to engage themselves and collaborate with community based services; 3.6. since November 2017, Mr. B and Ms.

C have been collaborating well with community based services; 3.7. the adolescent has a regular follow up with medical specialists; 3.8. Mr. B and Ms. C are able and willing to care for the adolescent on a long term basis; 3.9. on-going support and monitoring is required (reproduced with errors and/or omissions).

[ 5 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to the foster home of Mr. B and Ms. C, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 6 ] The adolescent’s mother is deceased and his father is not declared on his birth certificate. [ 7 ] Me Lafortune, on behalf of the adolescent, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-5 and D-6 as evidence: D-5: Court Report, prepared by [Social Worker 1], dated May 22, 2018; D-6: Addendum, prepared by [Social Worker 1], dated September 7, 2018. [ 9 ] In

summary, the evidence establishes that the adolescent’s aunt and uncle remain committed to meeting the many challenges involved in caring for his medical, physical and emotional needs. [ 10 ] As mentioned in the Court Report : The DYP needs to remain involved in order to ensure that the foster family is properly supported in accessing services in the community as required. At this time, an additional period of one (1) year is recommended in order to determine the best permanent plan for X, including the possibility of granting tutorship to Mr.

B. [2] [ 11 ] Support remains critical as the adolescent’s situation recently deteriorated. He was hospitalized at the end of August for several weeks and a new resource may need to be identified if his current school is no longer able to accommodate him: According to Ms. C they installed a tube from his stomach to his upper intestines and now he must be fed all day rather than every 6 hours as previously. The nurse informed Ms.

C that she will inquire with X’s school to determine if they are equipped to feed him throughout the day as if they are not, they will have to find a new resource for him. [3] [ 12 ] He may also need to undergo a very difficult surgery in the next few months: The foster parents were informed that X has a life expectancy of 25-30 years, and his back is deemed to be at the worst it can be. The surgery is said to carry a high risk of mortality (30%-50%), and will require 1-2 months recovery period, while reportedly not necessarily providing a major improvement to his condition.

X is currently registered on the waiting list for back surgery, and there is still a 4-6 month waiting period. The family plans to weigh the need during this time. [4] [ 13 ] The foster family diligently ensures that the adolescent attends all his medical appointments and provide him with a stable loving home that they continue to adapt to adjust to his needs. [ 14 ] Under the circumstances, given the evidence, the Court is satisfied that the application is well-founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of the adolescent, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the adolescent remain entrusted to the foster home of Mr. B and Ms. C; [ 18 ] RECOMMENDS that the adolescent be provided with respite care, if necessary; [ 19 ] ORDERS that Mr.

B be granted the attributes of parental authority to sign all consents pertaining to the adolescent’s educational, medical, and therapeutic needs; [ 20 ] TAKES JUDICIAL NOTICE that the foster family’s home is being adapted to meet the adolescent’s needs; [ 21 ] AUTHORIZES the Director of Youth Protection to exchange information with all the service providers working with the adolescent; [ 22 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and his family; [ 23 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 24 ] THE WHOLE for a period of one year.

Signed on October 16, 2018 TAYA DI PIETRO, Q.C.J. Me Angela Nevard Attorney for the Director of Youth Protection Me Valérie Lafortune Attorney for the adolescent TD/vl