2017 QCCQ 20153, 2017 QCCQ 20153

Protection de la jeunesse — 1710530 2017 QCCQ 20153 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 14264-030 Date: November 10, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2000 [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 -and- B , the father The parents 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 November 10, 2017, in accordance with the requirements of

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 September 6, 2013, whereby the now seventeen year-old adolescent, X , was entrusted to a confidential rehabilitation center with aid, counsel and assistance, until she reaches the age of majority, on [...], 2018. [ 3 ] The facts alleged in support of the Application for revision dated July 21, 2017, are as follows: 3.1. on September 13, 2016, the adolescent was transferred to a new rehabilitation centre where she continues to do well; 3.2. some issues remain to be worked on pertaining to her boundaries with staff and her peers but overall the youth is meeting expectations set by the rehabilitation staff; 3.3. the adolescent is doing well in school both academically and behaviourally; 3.4. the youth is reliable in terms of her accountability when she spends time in the community; 3.5. the youth will work as a camp counsellor during this summer, at Camp A; 3.6. the parents have remained uncollaborative and unresponsive towards the youth protection worker; 3.7. in addition, the parents have not requested to see the youth since December 2015; 3.8. however, the parents have maintained telephone contact and contact through the social media with X; 3.9. said contacts have at times been quite detrimental for the youth; 3.10. the youth has stopped taking her Attention Deficit Hyperactivity Disorder medication which makes her behaviours harder to handle;

3.11. the youth has maintained regular contact with C and D, as well as her paternal grandparents and her two (2) siblings who live in [Province A]; 3.12. the adolescent has at times expressed a desire to return to live with her former foster family; 3.13. the Director of Youth Protection is seeking authorization from the court to offer respite care for X in her previous foster home (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to a rehabilitation center, with possible respite care in her former foster home, as well as aid, counsel and assistance, and additional corrective measures, until she reaches the age of majority, on [...], 2018. [ 5 ] The adolescent's parents were not present for the hearing. [ 6 ] The adolescent, assisted by Me Bourdeau, admitted most of the allegations and approved of the measures proposed by the Director of Youth Protection. [ 7 ] The Director filed Exhibit D-2 as evidence: D-2: Court Report, written by [Social Worker 2], dated November 3, 2017. [ 8 ] In

summary, the allegations are generally admitted and the need to maintain previously ordered measures is not disputed. [ 9 ] The adolescent has maintained contact with her former foster family and it is in her interest that she benefit from respite in the foster home as suggested. [ 10 ] Under the circumstances, given the evidence and the adolescent’s consent, the Court is satisfied that the application is well- founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 11 ] GRANTS the application; [ 12 ] 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: [ 13 ] ORDERS that the adolescent be placed in a rehabilitation center; [ 14 ] ORDERS that the identity and coordinates of the rehabilitation center remain confidential to the parents; [ 15 ] AUTHORIZES respite at the foster home of A; [ 16 ] PERMITS the adolescent to practice the religion of her choice; [ 17 ] ORDERS that the frequency and modalities of contacts between the adolescent and her parents be determined by the Director of Youth Protection, taking into consideration the adolescent's wishes, including supervision for as long as deemed necessary; [ 18 ] ORDERS that the frequency and modalities of contacts between the adolescent and her siblings be determined by the Director of Youth Protection and be facilitated; [ 19 ] ORDERS that contacts between the adolescent and her siblings in City A be encouraged, as well as with her brothers in Western Canada, if possible, taking into account the adolescent's wishes and best interest; [ 20 ] TAKES JUDICIAL NOTICE that contacts between the adolescent and her siblings in Montreal will be scheduled once a month, regardless of the adolescent's parents' presence or participation; [ 21 ] TAKES JUDICIAL NOTICE that Ms.

E continues to express an interest in becoming involved in the adolescent's life; [ 22 ] TAKES JUDICIAL NOTICE that once the adolescent has settled into her new school and new resource, the possibility of re- introducing the adolescent to Ms. E will be revisited and offered to the adolescent; [ 23 ] ORDERS that contacts between the adolescent and Ms.

E may be scheduled and gradually increased, if in the adolescent's interest, and according to her wishes; [ 24 ] ORDERS that the adolescent continue to receive the health care services required by her condition and that she has a pediatric follow-up; [ 25 ] ORDERS that the adolescent continue to receive the services of a therapist for as long as deemed necessary; [ 26 ] WITHDRAWS from the parents certain aspects of parental authority as it relates to signing of consents for medical, school issues and travel, and grants these attributes to the Director of Youth Protection; [ 27 ] ORDERS that the parents inform the Director of Youth Protection of any change of address or telephone number within 48

hours; [ 28 ] AUTHORIZES the Director of Youth Protection to communicate to the rehabilitation center the reasons for this decision and the nature of the orders rendered, particularly, the order concerning the parents' rights to contact and visit the adolescent, rights that remain under the supervision of the Director of Youth Protection; [ 29 ] 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 her family; [ 30 ] 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; [ 31 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 32 ] THE WHOLE until she reaches the age of majority, on [...], 2018.

Signed on November 23, 2017 TAYA DI PIETRO, Q.C.J. Me Edith Zavodni Attorney for the Director of Youth Protection Me Martine Bourdeau Attorney for the adolescent TD/vl