2018 QCCQ 9120, 2018 QCCQ 9120

Protection de la jeunesse — 18758 2018 QCCQ 9120 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 28800-142 Date: January 10, 2018 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 January 10, 2018, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on September 21, 2016, whereby the now seventeen year-old adolescent, X , was entrusted to a foster family with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the Application for extension dated August 8, 2017, are as follows: 3.1. since the court order, the adolescent has remained entrusted to a foster home; 3.2. from September 2016 until May 2017, the adolescent remained in the foster home of Mrs.

C; 3.3. numerous behavioural issues were noted in the foster home, such as lack of punctuality, lack of motivation for school, amongst others; 3.4. this foster home placement eventually broke down due to the behavioural difficulties of the adolescent, as well as the adolescent’s struggle to build a positive relationship with the foster mother; 3.5. since then, the adolescent has been residing in the foster home of Mrs.

D; 3.6. in this new foster home, both the adolescent’s behaviours and her ability to communicate with the foster mother have improved; 3.7. the father has maintained regular contacts with the adolescent; 3.8. the father has yet to establish a stable permanent living environment which would permit the adolescent to return to his care; 3.9. the mother has not had any contacts with the adolescent with the exception of seeing her once when the mother was in town for a medical appointment;

3.10. although the father and the adolescent would like to reunite, the father’s ongoing instability prevents this from happening; 3.11. given the circumstances, ongoing placement for the adolescent is needed (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 November 29, 2018. [ 5 ] The mother’s whereabouts remain unknown.

At the hearing, the social worker testified that she was able to speak to the mother and that she agreed to the proposed measures.

The Court therefore proceeded in the mother’s absence. [ 6 ] The father, who is incarcerated, did not attend the hearing. [ 7 ] The adolescent, assisted by Me Tremblay, admitted all the allegations in support of the application and also consented to the proposed measures. [ 8 ] The Director filed Exhibits D-3 to D-4 as evidence: D-3: Court Report, signed by [Social Worker 1], dated August 7, 2017; D-4: Addendum to Court Report, signed by [Social Worker 1], dated January 9, 2018. [ 9 ] In

summary, the facts are admitted and the measures are not contested. [ 10 ] At the hearing, the adolescent confirmed that she has built a positive relationship with her current foster parent with whom she has been living since May 26, 2017. [ 11 ] She described the home as a nice, calm household and stated that she enjoys living there. [ 12 ] The Addendum to the Court Report describes her success with her summer employment as well as her academic improvement and participation on the school soccer team. [ 13 ] She will receive help to make sure she gets necessary math tutoring as well as support to learn independent living skills. [ 14 ] She speaks to her father regularly and the worker offered to accompany her to visit her father although she declined and indicated she would make her own arrangements. [ 15 ] Under the circumstances, given the evidence and the adolescent’s position, the Court is satisfied that the application is well- founded and that the recommendations are in her interest.

THEREFORE, THE COURT: [ 16 ] GRANTS the application; [ 17 ] 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: [ 18 ] ORDERS that the adolescent remain entrusted to the foster family of Ms.

D; [ 19 ] ORDERS that the frequency and modality of contacts between the adolescent, her parents and grand-parents be determined by the Director of Youth Protection, taking into account the safety needs, best interest, and wishes of the adolescent; [ 20 ] STRONGLY RECOMMENDS that the parents take steps to address and stabilize their respective situations and report their progress to the Director of Youth Protection; [ 21 ] STRONGLY RECOMMENDS that the adolescent continue to participate in the Services for Older Adolescents Program; [ 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 her 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 until she reaches the age of majority, on [...], 2018.

Signed on January 24, 2018 TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Gisèle Tremblay Attorney for the adolescent TD/vl