2015 QCCQ 19474, 2015 QCCQ 19474

Protection de la jeunesse — 154701 2015 QCCQ 19474 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-027925-130 Date: July 8, 2015 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 Youth and Family Centres A 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 July 8, 2015, 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 June 17, 2014, whereby the now sixteen year-old adolescent, X , was entrusted to a foster home, with a possible reintegration to her father’s care in six months, with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the motion for extension dated April 14, 2015, are as follows: 3.1. the adolescent remains entrusted to the foster family of C; 3.2. the adolescent respects curfew and house rules, and is developing well in this foster family; 3.3. the adolescent’s diabetes is monitored regularly and is under control; 3.4. the adolescent has participated in therapeutic sessions at school with the guidance counselor, and more recently at Head and Hands with a street worker; 3.5. despite encouragement, the father has refused community services to attempt to improve his parenting skills; 3.6. up to the end of December 2014, the adolescent visited the father around once per two weeks; 3.7. following a visit during the Christmas holidays, the adolescent stated that she no longer wished to be reintegrated to the father, since he told her that things would need to return to how they had previously been; 3.8. in February 2015, after not having contact since the Christmas holidays, a meeting was set to attempt a reconciliation between the adolescent and the father; 3.9. during the meeting, the father was insensitive to the adolescent’s feelings and left angrily, leaving her in tears;

3.10. since then, there has been no contact between the adolescent and the father; 3.11. the mother stated that she has begun to take steps to improve her situation, including participating in therapy and maintaining regular employment; 3.12. the mother has been more actively involved with the adolescent, and has had contact around once per two weeks; 3.13. the mother stated that she would like to work towards a potential reintegration of the adolescent to her care, and recognizes that she needs first to continue efforts to improve her lifestyle and to demonstrate a period of stability; 3.14. ongoing foster family placement is required (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 a possible reintegration to the care of her parents after a period of nine months, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, though duly advised of the proceedings, failed to appear at the hearing and the Court proceeded in her absence. [ 6 ] The father, who chose to proceed without the assistance of legal counsel, denied his alleged difficulties with his daughter but consented to the proposed measures. [ 7 ] The adolescent, assisted by Me Doherty, admitted most of the alleged facts and also consented to the proposed measures. [ 8 ] The Director filed Exhibit D-1 as evidence: D-1: Court Report, prepared by [social worker 1], dated April 17, 2015. [ 9 ] In

summary, the ongoing need for foster care is undisputed and the adolescent’s needs are being met: X is also content living in the foster home of Ms. C, as she feels that she is treated like family there. [2] [ 10 ] She is making efforts to improve academically and is involved in extra-curricular activities such as swimming, and has received support services. [ 11 ] Her relationship with her father has started to improve in May 2015 and they have weekly family dinners that reportedly go well.

She is welcome in her father’s home whenever she wishes and he has expressed a willingness to improve his parenting skills. [ 12 ] As for the mother, there was no explanation for her absence at the hearing. As a result, as mentioned in the report: Although Ms.

A has presented herself as an alternate plan, she still needs to demonstrate a period of consistency and stability before this option can be considered. [3] [ 13 ] Under the circumstances, given the evidence and the consent expressed by the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] 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: [ 16 ] ORDERS that the adolescent be entrusted to a foster home, with a possible reintegration to the care of her parents after a period of nine months, if the situation allows; [ 17 ] ORDERS that the frequency and modality of contacts between the adolescent and her parents be determined by consent between the parties, under the general supervision of the Director of Youth Protection; [ 18 ] RECOMMENDS that the adolescent continue receiving therapeutic support; [ 19 ] ORDERS that the adolescent receive all health care services required by her condition, more particularly to treat and monitor her diabetes; [ 20 ] RECOMMENDS that the father participate in community services to improve his parenting skills TAKING JUDICIAL NOTICE of his consent to do so; [ 21 ] RECOMMENDS that the mother continue to receive services to stabilize her situation; [ 22 ] ORDERS that a person working for Youth and Family Centres A provide aid, counsel and assistance to the adolescent and her family; [ 23 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of Youth and Family Centres A, who shall then see that the measures are carried out;

[ 24 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 25 ] THE WHOLE for a period of one year. TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Karine Doherty Attorney for the adolescent TD/vl