2015 QCCQ 8635, 2015 QCCQ 8635

Protection de la jeunesse — 15397 JL 4031 COURT OF QUÉBEC 2015 QCCQ 8635 YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No: 525-41-026275-123 DATE : March 18 th , 2015 ______________________________________________________________________ IN THE PRESENCE OF : THE HONOURABLE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF A YOUTH AND FAMILY CENTERS Director and X child And A parent ______________________________________________________________________ J U D G M E N T (SECTION 95 OF THE YOUTH PROTECTION ACT ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Director of Youth Protection ( the Director) is asking the Court to revise and extend an order rendered on August 5, 2014 whereby X was entrusted to Ms. B along with various support measures for a period of one year. [ 2 ] As explained later, X is currently entrusted to a rehabilitation centre. Today, the Director’s principal recommendation is that X remain in rehabilitation centre placement until August 5, 2015. [ 3 ] X, assisted by an attorney, and her mother are both present.

They both essentially admit the allegations of the motion and agree with the Director’s recommendations. Their hope and understanding is that during this next period, family relatives will be assessed by the Director as potential caregivers for X and that will be entrusted to such a relative. As well, mother and daughter express the wish to maintain regular contact with each other. [ 4 ] The facts establish that X integrated the foster home of her mother’s cousin, Ms B, on August 21, 2014.

Ms B has provided X with good care. [ 5 ] The mother has remained very involved in X’s life: foster home, school, visits, health care, etc.

[ 6 ] Although Ms B reported different things at different times, it would appear that with time, she came to feel disempowered and that the mother was controlling everything. It would also appear that X’s mother regularly reported to X that she would be returning to her care soon, or at least this is what X came to believe, which only further complicated matters.

As well, Ms B found that X’s attitude worsened after contact with her mother. [ 7 ] X presented increasingly defiant behaviours at school, with at least some of these difficulties believed to be tied into the uncertainty of her situation. [ 8 ] The situation came to a head after the mother left with X and the latter’s belongings on February 15 th , 2015.

Although the exact circumstances around this event remain unclear, what is clear is that Ms B then refused to have X return to her care. [ 9 ] Since February 16, 2015, X has returned to her former group home, Crossroads, first under immediate protective measures and, two days later, under an interim Court order. [ 10 ] X has done well in placement. [ 11 ] The Director is looking at evaluating the relatives proposed by the mother persons (or finding another appropriate foster home for

X) and having her integrate that home as soon as the situation allows, but by no later than next August. [ 12 ] It would appear that the mother is making efforts to stabilize her living situation. Mother and daughter still hope to some day be reunited. The mother is looking to further stabilize her life. More recently, the mother moved from her sister to her brother’s home. Her plan is to move into her own apartment in the next few weeks. [ 13 ] Mr. C has been sporadically involved with X and has not presented a plan to resume caring for her.

It would appear that he has his own issues to deal with. [ 14 ] AS A RESULT AND FOR THESE REASONS, THE COURT : [ 15 ] GRANTS the Motion for Revision ; and [ 16 ] DECLARES that the security or development of the child is still compromised; [ 17 ] AND PURSUANT TO THE POWERS GRANTED UNDER

SECTION 91 AND 91.1 OF THE YOUTH PROTECTION ACT , THE COURT ORDERS THE FOLLOWING MEASURES: [ 18 ] ORDERS that X be entrusted to a rehabilitation centre; [ 19 ] TAKES JUDICIAL NOTICE that the plan is to integrate X into an appropriate foster home if the situation allows; [ 20 ] TAKES JUDICIAL NOTICE that the Director agrees to evaluate some resources proposed by the mother; [ 21 ] ORDERS that the frequency and modality of contacts between X and her mother be determined by the Director, including supervision if necessary; [ 22 ] ENCOURAGES the contacts as much as possible, taking into account X’s best interest; [ 23 ] ORDERS that the frequency and modality of contact between X and Mr.

C be determined by the Director of Youth Protection; [ 24 ] ORDERS the mother to fully collaborate and engage with the Director; [ 25 ] ORDERS the mother to inform the Director of any change of coordinates (address and telephone number); [ 26 ] ORDERS a person working for A Youth and Family Centres to provide aid, counsel and assistance to the child and the family; [ 27 ] THE WHOLE until August 5 th , 2015; [ 28 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of A Youth and Family Centres for the purposes of the execution of this judgment; [ 29 ] ORDERS the execution of this judgement by any peace officer, if necessary; _______________________________________ CLAUDE LAMOUREUX, J.C.Q.

Me Edith Zavodni Attorney for the Director

Me Karine Doherty Attorney for the child Hearing date: CL/nl March 18 th , 2015