2016 QCCQ 13685, 2016 QCCQ 13685

Protection de la jeunesse — 166099 2016 QCCQ 13685 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY [...] « Youth Court Division » N°: 525-41-028800-142 Date: September 21, 2016 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 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 September 21, 2016, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for revision of an order rendered by the undersigned, on January 11, 2016, whereby the now fifteen year-old adolescent, X , was entrusted to the care of her paternal grandmother, with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the Motion for revision dated August 1, 2016, are as follows: 3.1. since the court order, the adolescent has remained in the home of her paternal grandmother C; 3.2. in or around March 14, 2016, the father was released from prison; 3.3. since that time, the adolescent’s situation gradually deteriorated; 3.4. the adolescent has been exposed to the conflictual relationship between the father and the paternal grandmother; 3.5. these conflicts eventually contributed to the breakdown of the placement in that presently the paternal grandmother and the adolescent no longer want the adolescent to remain in this home; 3.6. the adolescent has had regular contact’s with her father, contacts that started supervised and that are presently unsupervised; 3.7. the father has recently moved into a new apartment with a roommate; 3.8. concerns exist with regards to the father’s new living situation that still need to be addressed; 3.9. the father is not in a position to assume the adolescent’s care; 3.10. the mother continues to not be involved in the adolescent’s life;

3.11. at this time, the adolescent wishes to be placed in a foster home (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent be entrusted to a foster family, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother’s whereabouts remain unknown and the Court proceeded in her absence. [ 6 ] The father, assisted by Me Dallaire, made a general admission and consented to the proposed measures. [ 7 ] The adolescent, assisted by Me Tremblay, made a general admission and also consented to the proposed measures. [ 8 ] The Director filed Exhibit D-2 as evidence: D-2: Court Report, written by [Social Worker 1], dated August 18, 2016. [ 9 ] In

summary, the facts alleged in support of the motion are admitted and both the adolescent and her father agree with her placement in foster care. [ 10 ] Although they would eventually like to live together, both acknowledge that it is impossible under current circumstances. The father recognizes that he must find more suitable living arrangements and the worker insists on the need for greater transparency on his behalf regarding his situation in general. [ 11 ] As for the adolescent, she remains resilient and is involved in a number of positive, constructive activities.

She also claims to have settled comfortably into her new foster home. [ 12 ] The father must ensure that he does not compromise her safety in any way during their visits: Mr. B and X continually chose the A restaurant at A mall as the meeting point. The undersigned voiced the problematic nature of the location in relation to Mr. B’s trafficking of drugs in the area. Both X and Mr. B assured the undersigned that Mr. B has no interest in returning to that life.

However, the undersigned again voiced concerns when X revealed that her day visits on Sundays usually involved going to […] on [site A] where drugs are sold and consumed. The undersigned reminded X that Mr. B had put her at great risk in the past by trafficking drugs and that she will need to contact the undersigned if Mr. B is doing so again. [2] [ 13 ] He must also be mindful of the profound impact his choices can have on his daughter: On May 31, 2016, the undersigned received several telephone calls from X who reported that she could not find Mr. B and had not seen him in 3 or 4 days.

X sounded very distressed. Mr. B eventually contacted X but his whereabouts during that period remain unknown. Mr. B was briefly living in an apartment during this time period but returned to live at PAQ by mid-June. [3] [ 14 ] Under the circumstances, given the evidence and the consent expressed by each of 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: [ 15 ] GRANTS the motion; [ 16 ] 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: [ 17 ] ORDERS that the adolescent be entrusted to a foster family; [ 18 ] ORDERS that the frequency and modality of contacts between the adolescent and her parents be determined by the Director of Youth Protection, taking into account the wishes and best interest of the adolescent; [ 19 ] ORDERS that the frequency and modality of contacts between the adolescent and her grandparents be determined by the Director of Youth Protection; [ 20 ] STRONGLY RECOMMENDS that the parents take steps to address their personal issues and report their progress to the Director of Youth Protection; [ 21 ] ORDERS that a person working for A Youth and Family Centres provide aid, counsel and assistance to the adolescent and her family; [ 22 ] 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; [ 23 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Edith Zavodni Attorney for the Director of Youth Protection Me Gisèle Tremblay Attorney for the adolescent Me Karine Dallaire Attorney for the father TD/vl