2013 QCCQ 2847, 2013 QCCQ 2847

Protection de la jeunesse — 13248 2013 QCCQ 2847 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT [...] N°: 525-41-010931-012 DATE: January 14, 2013 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of A Youth and Family Centres Applicant - and - X Born on [...], 1998 - and - A (décédée) - and - B (décédé) Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of January 14, 2013, in accordance with the requirements of

section 90 of the Youth Protection Act . [ 2 ] The Court was presented with a motion for revision of an order rendered October 8, 2003, entrusting the child to foster care until her age of majority, with a social follow-up and other measures. [ 3 ] The principal facts alleged in support of the motion are the following: • The adolescent remained in the same foster family as per the Court order; • The parents were not involved in the adolescent’s life and in the past few years both have passed away; • Over the years, the adolescent’s placement was stable and she developed well in the foster home alongside her brother and sister; • The adolescent’s siblings have moved out of the foster home when they attained the age of majority and the foster mother has also been experiencing health problems; • These events coincided with the adolescent’s increasingly problematic behaviour, more particularly: . in March 2012, the adolescent began a pattern of regularly shoplifting, which appears to have resolved itself since summer 2012; . in May 2012, the adolescent began art therapy as per her request and this is ongoing; . chronic issues related to being late at school is an ongoing problem; . since October 2012, the adolescent has been returning home from school between 8:00 and 11:00 p.m. and will not disclose where she has been or the names of the people she was with;

• The foster mother expresses concerns that the adolescent has returned home, on occasion, under the influence and she has expressed concerns that the adolescent is involved with negative peers; • The foster mother disclosed that she is overwhelmed by the adolescent’s behaviour and that the constant worry and stress is negatively impacting her health; • The foster mother is expressing that she cannot care for the adolescent at this time, although she maintains her commitment to the adolescent and her eventual return to her care. [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to a rehabilitation centre for a period of three months, and following this placement, that the adolescent be entrusted to the foster family of C and D until her age of majority.

Furthermore, that a social follow-up be provided to the adolescent until her age of majority. [ 5 ] The adolescent gives her consent to the measures recommended by the Director of Youth Protection. The adolescent wishes to reintegrate the foster family of C and D. [ 6 ] The Court also read the Court report, dated January 4, 2013. The evidence reveals that the adolescent has lost both her parents since the last Court order. However, the adolescent has always considered C and D as her parents, since she integrated their home when she was very young.

The adolescent has displayed behavioural disturbances, including shoplifting. However, the adolescent is now trying to follow the rules in order to reintegrate her foster family as soon as possible. [ 7 ] Under the circumstances, it is in the adolescent’s best interest to be maintained in a rehabilitation centre for a period of three months before reintegrating the foster home of C and D.

The adolescent has requested to see a therapist and continues to go to her weekly meetings, which is an indication that she is aware that she must work on her difficulties. [ 8 ] The evidence and the admissions made have convinced the Court that the security and development of the adolescent are still compromised. [ 9 ] THEREFORE, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] DECLARES still compromised the security and development of the adolescent, X; [ 12 ] ORDERS that the adolescent be entrusted to a rehabilitation centre for a period of three months, and that following this placement, the adolescent be entrusted to the foster family of C and D until her age of majority, [...], 2016; [ 13 ] ORDERS that the Director be authorized to sign all medical, educational, recreational and travel documents regarding the adolescent; [ 14 ] ORDERS that aid, counsel and assistance be provided to the adolescent until her age of majority, [...], 2016; [ 15 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of A Youth and Family Centres, who shall see that the measures are carried out; [ 16 ] ORDERS the execution of the present order by any peace officer.

Signed January 29, 2013 Ann-Marie Jones, J.C.Q. AMJ/dg Me Heidi Lechter Counsel for the Director of Youth Protection Me Bernard Sepinwall Counsel for the adolescent Date of hearing: January 14, 2013