2018 QCCQ 20731, 2018 QCCQ 20731

Protection de la jeunesse — 1811525 2018 QCCQ 20731 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-033374-174 DATE : October 11, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2001 Director of Youth Protection A Applicant A Mother ______________________________________________________________________ JUDGMENT (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 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to extend the order rendered on January 16, 2018 entrusting the adolescent to a foster family along with other corrective measures for a period of nine months. [ 2 ] The Director alleges that the relationship between the mother and the adolescent has known no evolution since the prior judgment in that there has been no contact between the two.

Meanwhile, the adolescent is progressing well in her current environment. [ 3 ] Consequently, the Director is requesting that the adolescent remain entrusted to a foster family until her age of majority. [ 4 ] The mother admits the majority of the allegations but denies specifically that she refuses to see her daughter. She adds that she made a request for contact but received no response. It should be noted that a change of social worker has taken place since her request was made.

Otherwise, she agrees with the measures as proposed and specifies that she would like monthly contact with her daughter. [ 5 ] The adolescent admits the majority of the allegations and agrees with the measures as proposed. She confirms that she also is willing to have contact with her mother but is not as yet prepared to envision contact with the rest of the family. The Situation [ 6 ] The adolescent had progressed well since her placement.

She has completed high school and is in the process or reapplying to CEGEP after her initial application to the program of her choice was refused. [ 7 ] The adolescent has benefitted from psychological counselling through the school system. She is currently on a waiting list for access to services through [Centers A] or the CLSC. [ 8 ] Although the adolescent continues to struggle with personal issues, she no longer suffers from suicidal ideations. [ 9 ] Over the course of the order, there has been no contact between the adolescent and her mother.

Moreover, the mother has refused to consider participating in therapy despite the lack of progress in her relationship with her daughter. [ 10 ] According to the social worker, both parties had difficulty initiating contact for various reasons. On this issue, the Court was informed that the mother and the adolescent spoke for a significant amount of time just prior to the hearing. The result appears to have been positive for both parties who express the desire to continue having contact. [ 11 ] This is certainly an encouraging first step.

Nevertheless, much effort will be required in order to have a lasting impact on their ability to communicate effectively and in a positive manner. The Court encourages the mother to consider receiving help by way of a

therapeutic intervention. While the news of renewed contact is positive, the relationship remains extremely fragile. [ 12 ] Among the objectives of the intervention plan, the transition to adulthood is a priority considering the adolescent’s age and situation. The Director intends to offer the adolescent services and support to assist her in developing her autonomy. Over the coming months, the adolescent will find herself making choices that will determine a path beyond her eighteenth birthday.

The Director’s guidance in this crucial period is vital to the adolescent’s progress. [ 13 ] Under the circumstances, the Court concludes that the adolescent’s needs are best met by continuing the foster home placement until her age of majority along with a social follow-up and other specific measures. [ 14 ] FOR THESE REASONS, THE COURT : [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of the adolescent are still endangered; [ 17 ] ORDERS that the adolescent remain in foster care; [ 18 ] ORDERS that the contacts between the adolescent and her mother be determined according to an agreement by the parties, in accordance with the adolescent’s desires; [ 19 ] ORDERS that the frequency and modality of contacts between the adolescent and her stepfather be determined by the Director, in accordance with the adolescent’s desires; [ 20 ] TAKING JUCIDIAL NOTICE of her agreement to do so, RECOMMENDS that the adolescent continue to take steps to address her mental and emotional health; [ 21 ] RECOMMENDS that the adolescent continue to participate in the Services for […] Program A; [ 22 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and her family; [ 23 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 24 ] THE WHOLE until majority.

SIGNED IN TOWN A On October 17, 2018 __________________________________ KAREN OHAYON, J.C.Q. Dominique Douglas Attorney for the D.Y.P. Sylvie Piriou Attorney for the adolescent Date of hearing: October 11, 2018 KO/lf