2016 QCCQ 13684, 2016 QCCQ 13684

Protection de la jeunesse — 166098 2016 QCCQ 13684 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY [...] « Youth Court Division » N°: 525-41-027925-130 Date: June 30, 2016 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 1999 [Social Worker 1] , duly authorized by the Director of Youth Protection of A Youth and Family Centres Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 95- 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 June 30, 2016, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for extension of an order rendered by the undersigned, on July 8, 2015, whereby the now seventeen year-old adolescent, X , was entrusted to a foster home, with a possible reintegration to her parents’ care after a period of nine months, with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the Motion for extension dated May 11, 2016, are as follows: 3.1. the adolescent remains in the foster home of Mrs.

C where she respects the rules and contributes to household chores; 3.2. the adolescent reports having a positive and supportive relationship with Mrs.

C; 3.3. the adolescent is consistent in following through with her appointments to address her medical condition (diabetes); 3.4. the adolescent has made significant improvement in her academics since changing high schools and will be attending grade 10 in the next school year; 3.5. the adolescent is participating in the EQIP program to prepare her for independent living; 3.6. the adolescent reports having a periodically conflictual relationship with her father; 3.7. in March 2016, the adolescent was enrolled, with the father, to the Family Ties program, however, given that the father opted not to attend, the adolescent ceased her involvement; 3.8. the adolescent nonetheless sees the father and siblings on a weekly basis; 3.9. although the mother has difficulty maintaining contact with the case worker, the mother does have regular contact with the adolescent;

3.10. the adolescent expresses not wanting to return to her parents’ care at this point in time (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to a foster family with aid, counsel and assistance, as well as additional corrective measures, until she reaches the age of majority, on […], 2017. [ 5 ] The parents, though duly advised of the proceedings, failed to appear and the Court proceeded in their absence. [ 6 ] The adolescent, assisted by Me Piriou, admitted all the alleged facts, with the exception of her allegedly conflictual relationship with her father, and consented to the proposed measures. [ 7 ] The Director filed Exhibit D-2 as evidence: D-2: Court Report, written by Sheerose Pardhan, dated April 25, 2016. [ 8 ] As summarized in the Court Report , the adolescent is thriving in the care of her foster parent with whom she has a « positive and supportive relationship ». [ 9 ] She is involved in extra-curricular activities, performs well academically and is participating in: […] an intensive support program to prepare and better equip youth for independent living.

They have been discussing healthy relationships, managing conflicts, working on job searching, and a food program to meet the needs of X’s diabetic diet. [2] [ 10 ] Under the circumstances, given the evidence and the adolescent’s consent, the Court is satisfied that the motion is well-founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of the adolescent, X , remain compromised 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: [ 13 ] ORDERS that the adolescent remain entrusted to foster care TAKING JUDICIAL NOTICE that it is the home of Ms.

C; [ 14 ] ORDERS that the frequency and modality of contacts between the adolescent and her parents be determined by consent between the parties; [ 15 ] ORDERS that the adolescent receive all health care services required by her condition, more particularly to treat and monitor her diabetes; [ 16 ] ORDERS that a person working for A Youth and Family Centres provide aid, counsel and assistance to the adolescent and her family; [ 17 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out; [ 18 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 19 ] THE WHOLE until she reaches the age of majority, on […], 2017.

TAYA DI PIETRO, Q.C.J. Me Edith Zavodni Attorney for the Director of Youth Protection Me Sylvie Piriou Attorney for the adolescent

TD/vl