2012 QCCQ 13259, 2012 QCCQ 13259

Protection de la jeunesse — 124617 2012 QCCQ 13259 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No: 525-41-024350-118 DATE: September 10, 2012 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of A Applicant - and - X Born on […] - and - A Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Y.P.A. ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of September 10, 2012, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for extension of an order rendered October 12, 2011, entrusting the adolescent to foster care for a period of one year with a social follow-up for the same period. [ 3 ] The principal facts alleged in support of the motion are the following: • The adolescent remained in foster family placement as per the court order and the latter is committed to the long-term care of the adolescent; • The adolescent is doing well in placement and expresses a wish to remain in the present foster home; • The adolescent attends school on a regular basis, but there have been some issues with tardiness, and extra support is provided to assist her in her academic progress; • The adolescent continues to receive dental care via the city B Children’s Hospital Dental Clinic; • In March 2012, the adolescent disclosed that she was sexually abused on two occasions while in city A with his mother; • The mother continues to struggle with instability and alcohol abuse; • The mother has maintained sporadic contact with the adolescent since the last court date; • The mother has not been collaborative with the Director of Youth Protection and often her whereabouts are unknown to the youth protection worker. [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to foster care until her age of majority with a social follow-up for the same period. [ 5 ] The mother admits the majority of the facts alleged in the motion and testifies that she agrees with the measures recommended by the Director of Youth Protection.

The mother states that she loves her daughter dearly and that she wishes to see her as often as possible.

The mother says that she is still living in the community of city C, but does not know for how long. [ 6 ] The adolescent admits the facts alleged in the motion and agrees with the recommended measures. The adolescent says she wishes to remain in her current foster home until her age of majority. X is currently studying in French in a “classe d’accueil”. She wishes to continue her studies, in order to work as a policewoman in city B. [ 7 ] The Court also read the Court Report that the Director filed as proof of the adolescent’s situation.

The evidence reveals that the adolescent feels comfortable in her current foster home. The foster mother testifies that the adolescent is respectful and follows the rules. However, she needs support in her studies, particularly in math and French. The foster mother states that she cares for four girls in her home, including X. [ 8 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to the foster home of Ms. B until her age of majority. The mother is not in a position to care for X on a daily basis and to answer to all her needs.

However, contacts between the adolescent and her mother must be encouraged. [ 9 ] The evidence and the admissions made have convinced the Court that the security and development of the adolescent are still compromised. [ 10 ] THEREFORE, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES still compromised the security and development of the adolescent, X; [ 13 ] PROLONGS the order rendered on October 12, 2011; [ 14 ] ORDERS that the adolescent, X, be entrusted to a foster home, until her age of majority; [ 15 ] TAKING JUDICIAL NOTICE that the adolescent is in the foster home of Ms.

B; [ 16 ] ORDERS that the frequency and modality of contacts between the adolescent and her mother be determined by the Director of Youth Protection, after discussion with the mother and the adolescent; [ 17 ] ORDERS that the adolescent receive all necessary health care and services, including medical and dental care and individual counselling; [ 18 ] RECOMMENDS that the mother take the necessary steps to deal with her personal issues, including her issues of addiction and inform DYP of the steps that she has taken; [ 19 ] ORDERS the mother to inform the Director of Youth Protection of any change of address; [ 20 ] ORDERS that the foster mother, Ms.

B, be authorized to sign all consents concerning the adolescent, in the event that the mother cannot be reached in a timely manner; [ 21 ] ORDERS that aid, counsels and assistance be provided to the adolescent and her family until her age of majority; [ 22 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall see that the measures are carried out; [ 23 ] ORDERS the execution of the present order by any peace officer. Signed September 11, 2012 Ann-Marie Jones, J.C.Q. AMJ/dg Me Myriam DeBlois Counsel for the Director of Youth Protection

Me Michelle Robidoux Counsel for the adolescent Date of hearing: September 10, 2012