2019 QCCQ 14926, 2019 QCCQ 14926

Protection de la jeunesse — 1911103 2019 QCCQ 14926 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-031843-162 Date: November 25, 2019 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2002 [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 (deceased) The parent 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 November 25, 2019, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision and extension of an order rendered by the undersigned, on September 17, 2018, whereby the now seventeen year-old adolescent, X , was entrusted to the foster home of Mr. B and Ms. C with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the application for revision and extension dated September 13, 2019, are as follows: 3.1. the adolescent has remained in the foster home of Mr. B and Ms.

C; 3.2. the adolescent is non verbal, visually impaired and not mobile due to severe cerebral palsy; 3.3. the adolescent’s medical situation has been classified as needing complex care due to his need to be fed twenty-three (23) hours a day; 3.4. the adolescent appears to be well taken care of by Mr. B and Ms. C; 3.5. Mr. B and Ms. C are currently exploring curatorship options for the adolescent; 3.6. Mr. B and Ms.

C are able and willing to care for the adolescent on a long-term basis; 3.7. on-going monitoring and support are required to ensure that the foster family is properly supported in accessing community based services (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to the foster home of Mr. B and Ms.

C, with aid, counsel and assistance, as well as additional corrective measures, until he reaches the age of majority, on [...], 2020. [ 5 ] The adolescent’s mother is deceased and his father is not declared on his birth certificate. [ 6 ] His foster parents were unable to attend the hearing but both confirmed in writing their agreement with the proposed measures [2] .

[ 7 ] Me Marceau, on behalf of the adolescent, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-7 to D-10 as evidence: D-7: Court Report, signed by [Social Worker 1], dated August 20, 2019; D-8: Addendum, signed by [Social Worker 1], dated November 12, 2019; D-9: E-Mail from Ms. C dated November 22, 2019; D-10: E-Mail from Mr. B dated November 20, 2019. [ 9 ] In

summary, as described in the Court Report, the adolescent’s foster parents remain committed to caring for him beyond the age of majority, and: The DYP needs to remain involved in order to ensure that the foster family is properly supported in accessing services in the community as required. [3] [ 10 ] Under the circumstances, given the evidence and the consent expressed by the foster parents and on behalf of the adolescent, the Court is satisfied that the application is well-founded and that the recommendations are in the adolescent’s interest.

THEREFORE, THE COURT: [ 11 ] GRANTS the application; [ 12 ] 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: [ 13 ] ORDERS that the adolescent remain entrusted to the foster care of Mr. B and Ms. C; [ 14 ] ORDERS that Mr.

B be granted the attributes of parental authority to sign consents pertaining to the adolescent’s educational, medical, and therapeutic needs; [ 15 ] TAKES JUDICIAL NOTICE that curatorship of the adolescent is being pursued by Mr. B and Ms.

C; [ 16 ] AUTHORIZES the Director of Youth Protection to exchange information with all the service providers working with the adolescent; [ 17 ] 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 his family; [ 18 ] 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; [ 19 ] THE WHOLE until he reaches the age of majority, on [...], 2020.

Signed on December 5, 2019 TAYA DI PIETRO, Q.C.J. Ms. Esther Sterling Articling student for the Director of Youth Protection Me Laurence Marceau Attorney for the adolescent

TD/vl