2011 QCCQ 8040, 2011 QCCQ 8040

Protection de la jeunesse — 112079 2011 QCCQ 8040 CANADA PROVINCE OF QUEBEC District of [...] JJ0296 COURT OF QUEBEC YOUTH DIVISION N°: 525-41-024350-118 DATE: May 26, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ In the case of: X Born on […], 1997 ______________________________________________________________________ JUDGEMENT

Section 38 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 May 26, 2011, in accordance with the requirements of

section 90 of the law. [ 2 ] On April 20, 2011, the Court declared compromised the security and development of the adolescent under

section 38, paragraph b) 2) of the Youth Protection Act , and rendered interim measures entrusting the adolescent to foster care until the next Court hearing. [ 3 ] The Director of Youth Protection recommends that the adolescent be entrusted to foster care for a period of six months, with gradual integration to her mother’s care when the situation allows. Furthermore, that a social follow-up be provided to the family for a period of one year. [ 4 ] The mother is not present at the hearing, as she had a medical appointment.

The mother has not been collaborating with the youth worker over the last weeks, nor has she attended her meetings at A program. Under the circumstances, and with the consent of the adolescent, the Court proceeded in the absence of the mother. [ 5 ] The adolescent consents to the recommended measures, although it is not her first choice. X understand that her mother is not in a position to have her in her care at this time. [ 6 ] The Court also heard the testimony of [Social worker 1], youth protection delegate, and read the reports that the Director filed as proof of the adolescent’s situation.

The evidence reveals that X and her mother are originally from the A town and relocated to the B town in July 2010. They first lived with family members and then moved to Centre A. After a few months, they went to live with friend of the mother's, but this friend presented with a drinking problem. [ 7 ] It is the mother’s intention to secure an apartment in B town and have X back in her care.

However, the mother must address for drinking problem and be in a position to answer her daughter’s needs before the reintegration can begin. [ 8 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to foster care for a period of six months with gradual integration to her mother’s care when the situation allows. When X is reintegrated to her mother’s care, an intensive social follow-up will be necessary to ensure that she is not exposed to any physical or verbal violence and that needs are met. [ 9 ] THEREFORE, THE COURT: [ 10 ] ORDERS the following final measures:

[ 11 ] ORDERS that the adolescent, X, be entrusted to foster care for a period of six months, with gradual integration to her mother’s care, if and when the situation allows; [ 12 ] ORDERS that the frequency and modality of contacts between X and her mother be determined by DYP, including supervision as deemed necessary; [ 13 ] ORDERS the mother to collaborate with DYP and to inform the youth worker of any change of address or telephone number; [ 14 ] ORDERS that the mother complete the required services from program A; [ 15 ] RECOMMENDS that the mother take steps to address the issues relating to her abusive past; [ 16 ] ORDERS that DYP be authorized to receive information from the professionals treating the mother as to attendance and progress; [ 17 ] ORDERS that the adolescent receive all health care services required by her situation and more particularly, medical and dental follow-up; [ 18 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family for a period of one year; [ 19 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection Youth and Family Centres A, who shall see that the measures are carried out; [ 20 ] ORDERS the execution of the present order by any peace officer.

Signed May 27, 2011 Ann-Marie Jones, J.C.Q. AMJ/dg Me Marie-Josée Paiement (Counsel for the D.Y.P.) Me Michelle Robidoux (Counsel for the adolescent) Date of hearing: May 26, 2011