2011 QCCQ 9006, 2011 QCCQ 9006

Protection de la jeunesse — 112183 2011 QCCQ 9006 JL3389 QUÉBEC COURT CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division »

N° : 525-41-023453-103 DATE : February 21 st , 2011 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MICHÈLE LEFEBVRE, J.C.Q. ______________________________________________________________________ In the matter of : X, Born […], 1995 [SOCIAL WORKER 1], in her capacity as person duly authorized by the Director of Youth Protection of Batshaw Youth and Family Centres applicant - and - A , the mother - and - B , the father respondents ______________________________________________________________________ JUDGMENT (section 95 Y.P.A.) ______________________________________________________________________ [ 1 ] The present judgment confirms in writing the decision rendered orally at the hearing held on February 21 st , 2011. [ 2 ] The Court is seized with a motion to review an order rendered on July 5 th , 2010, concerning X . [ 3 ] Essentially, le Director of Youth Protection sustains: 3.1 the adolescent is doing well in her foster family, however, she continues to manifest some behavioural difficulties; 3.2 the relationship between the adolescent and the father remains very strained; 3.3 the father and the adolescent have had no contact or communication since early November 2010; 3.4 the adolescent continues to experience much difficulty in expressing her feelings; 3.5 the adolescent recently started therapy at the CLSC and is engaging in the process; 3.6 the father and the adolescent acknowledge that the adolescent cannot return to the care of the father at this time;

3.7 the mother remains uninvolved; [ 4 ] The Director of Youth Protection is recommending that the adolescent remain in placement for a period of one (1) year and that measures be applied in order to correct the situation, as appears in the Court record. [ 5 ] The mother's address is unknown.

With the consent of the parties, the Court proceeded in her absence, as appears in the Court record. [ 6 ] The father, while informed of his right to be represented or assisted by attorney, chose to proceed without attorney and declared to be in agreement with the measures proposed by the Director of Youth Protection as appears in the Court record. [ 7 ] The adolescent, through her attorney, made a general admission of the allegations of the procedure and asked to be placed until the age of majority as appears in the Court record. [ 8 ] By consent and to serve as evidence, the Director of Youth Protection filed the following documents: D-1: Court Report, prepared by [Social Worker 1], dated February 14 th , 2011; D-2: Psychiatric Assesement of X by Dr.

Lamarre,(filed under

section 294.1 C.c.p.); [ 9 ] ANALYSIS OF THE EVIDENCE AND DECISION [ 10 ] The Court finds from the evidence that X (<16 years old) continues to struggle with behaviour problems (drinking, stealing and lying).

She accepts to continue to live in her foster home while spending time at her maternal grandparents who are a consistent and positive source of support for her. [ 11 ] X's relationship with her father remains strained and neither the adolescent nor her father see her returning home within the near future. [ 12 ] X is still not in contact with her mother who has been living in Manitoba for some years now. [ 13 ] It is recommended that X continue to attend therapy in order to address her personal difficulties.

X agrees with this and all other recommendations, as does her father. [ 14 ] Therefore, having received the admissions of the parties, taken into consideration the reports submitted, the Court concludes that the allegations have been proven to its satisfaction and permit the measures to be applied. [ 15 ] CONSEQUENTLY, AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of X continue to be in danger within the meaning of the Youth Protection Act. [ 18 ] IN VIRTUE OF THE POWERS CONFERRED UPON THE COURT BY

SECTION 91 OF THE YOUTH PROTECTION ACT: [ 19 ] ORDERS that X remain in foster home placement until her age of majority with authorization to reintegrate home (into the father's care) if the situation allows; [ 20 ] RECOMMENDS that both Mr.

B and X participate in family counseling; [ 21 ] RECOMMENDS that X continue to attend regular therapy sessions in order to address her personnal problems and behavioral problems; [ 22 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family until the age of majority; [ 23 ] ENTRUSTS the situation of X to the Director of Youth Protection of Batshaw Youth and Family Centres, who shall then see that the measures are carried out. SIGNED AT CITY A

__________________________________ MICHÈLE LEFEBVRE, J.C.Q. M e Myriam Deblois Attorney for the applicant M e Michelle Robidoux Attorney for the adolescent Judgment rendered orally on February 21 st , 2011 ML/mlm