2018 QCCQ 17329, 2018 QCCQ 17329

Protection de la jeunesse — 188392 2018 QCCQ 17329 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 28800-142 Date: October 1, 2018 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 the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 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 October 1, 2018, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision of an order rendered by the undersigned, on January 10, 2018, whereby the now seventeen year-old adolescent, X , was entrusted to the foster home of Ms. C with aid, counsel and assistance, until she reaches the age of majority, on [...], 2018. [ 3 ] The facts alleged in support of the application for revision dated June 14, 2018, are as follows: 3.1. since the last court order, the adolescent has been staying in the foster home of Ms.

C; 3.2. the adolescent has been exhibiting behavioural problems in the foster home, and has not been respecting the rules and curfew; 3.3. information is to the effect that the adolescent did not attend school between May 28 and June 8, 2018, and did not write her French ministerial exam; 3.4. the foster mother expresses feeling overwhelmed with the adolescent’s behavior and is unwilling to maintain her in her care; 3.5. on Monday June 11, 2018, the adolescent went to stay with her paternal cousin, Ms. D; 3.6. the youth protection worker visited Ms.

D’s home and it appears to be meet the adolescent’s needs; 3.7. since the adolescent has been staying with Ms. D, she has been following house rules and attending school (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent be entrusted to her paternal cousin, Ms. D, with aid, counsel and assistance, as well as additional corrective measures, until she reaches the age of majority, on [...], 2018. [ 5 ] The parents were absent at the hearing.

The social worker testified that she spoke to both of them and they each expressed their agreement to the proposed measures. Consequently, the Court proceeded in their absence.

[ 6 ] The adolescent, assisted by Me Tremblay, admitted all the allegations in support of the application and also consented to the proposed measures. [ 7 ] The Director filed Exhibits D-5 to D-6 as evidence: D-5: Court Report, signed by [Social Worker 1], dated September 24, 2018; D-6: Letter from Ms. D. [ 8 ] In

summary, the adolescent, who will reach the age of majority very shortly, appears to have found a stable and positive role model in Ms. D. [ 9 ] Moreover, the adolescent has shown initiative and leadership skills: Throughout this period, X has demonstrated strengths in her involvement and dedication to the areas in her life which motivate her, such as family and the community A. X was a primary organizer in a large [...] which took place at Academy A but was open to the greater public. This event was well spoken about throughout the community and very well attended.

X has also had many opportunities to share parts of her story through a speech she has written, which she has received great feedback on. [2] [ 10 ] She is encouraged to continue to build on her strengths and take pride in her accomplishments. [ 11 ] Services remain available (she is eligible for twelve therapy sessions) if needed and the adolescent shouldn’t hesitate to seek counselling if she experiences feelings of anxiety or depression. [ 12 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 13 ] GRANTS the application; [ 14 ] DECLARES that the security and development of the adolescent, X , remain in danger 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: [ 15 ] ORDERS that the adolescent remain entrusted to Ms. D TAKING JUDICIAL NOTICE that Ms. D is currently being assessed as a Famille d’Accueil de Proximité and if approved, ORDERS the adolescent to be entrusted to the foster home of Ms.

D; [ 16 ] ORDERS that the frequency and modality of contacts between the adolescent, her parents, and grandparents be determined by the Director of Youth Protection, taking into account the adolescent’s wishes; [ 17 ] WITHDRAWS certain attributes of parental authority from the parents and AUTHORIZES Ms.

D to exercise those attributes for the purpose of signing any necessary consents for the adolescent, regarding health care, school, extra-curricular activities, and travel authorizations, including a passport application, if necessary; [ 18 ] RECOMMENDS that the adolescent continue to participate in the Services for Older Adolescents Program; [ 19 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and her family; [ 20 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 21 ] THE WHOLE until she reaches the age of majority, on [...], 2018.

Signed on October 15, 2018 TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection

Me Gisèle Tremblay Attorney for the adolescent TD/vl