2014 QCCQ 7954, 2014 QCCQ 7954

Protection de la jeunesse — 14811 2014 QCCQ 7954 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT [...] N° : 525-41-024210-114 DATE : February 13 th , 2014 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on […], 1996 THE DIRECTOR OF YOUTH PROTECTION Applicant and A, mother Respondent ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on February 13 th , 2014. [ 2 ] The Director of Youth Protection (the Director) seizes Court of a motion for revision and extension of a decision rendered by the undersigned on December 5 th , 2012. The Director is asking that the adolescent remain entrusted to a foster family until her age of majority and that aid, counsel and assistance be provided for the same period of time. [ 3 ] The adolescent admits all the facts alleged in the motion pertaining to her situation.

She ignores those pertaining to her mother. She is in agreement with the recommendations of the Director. [ 4 ] The mother, although duly informed of the motion and recommendations is absent from Court. Her position is unknown. CONTEXT [ 5 ] The efforts made by the Director to try and re-establish a relationship between the adolescent and her mother have failed. In fact, the mother has ignored the messages left for her and the letters sent to her by the Director. She has not participated in the intervention of the Director. [ 6 ] The youth was able to reach her mother, from time to time.

Mother and daughter even spent a weekend together in August 2013

while the adolescent was visiting an aunt in Town A. [ 7 ] Despite the fact that some contacts did take place between the adolescent and her mother, it has been impossible to work on the relationship between the adolescent and her mother. As a result, it is only sporadically that the mother resurfaces in the life of the adolescent. [ 8 ] The adolescent is appropriately supported by the foster mother and is doing well in the foster home.

The teenager is motivated to attend school and it seems that it will be possible for her to continue living in the same foster family once she reaches her age of majority. [ 9 ] The Director has established that the mother fails to assume her responsibilities and that there is a need for ongoing Youth Protection intervention.

The measures recommended by the Director meet the needs of the adolescent and are in her best interest. [ 10 ] AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 11 ] DECLARES that the security and the development of the adolescent are still compromised; [ 12 ] AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 13 ] ORDERS that X continue to be entrusted to a foster family until her age of majority; [ 14 ] WITHDRAWS from the mother the exercise of the attributes of parental authority and GRANTS to the Director of Youth Protection the exercise of the attributes of parental authority; [ 15 ] ORDERS that contacts between X and her mother take place following an entente; if there is no entente, ORDERS that the Director of Youth Protection set frequency, modality and duration of these contacts; [ 16 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her mother until her age of majority; [ 17 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of Batshaw Youth and family Centres, who shall then see that the measures are carried out.

Signed in Town B on February 24 th , 2014 _________________________________ MARIE ARCHAMBAULT, J.C.Q. Me Myriam De Blois Attorney for the Director of Youth Protection Me Daniel Bouchard Attorney for the child Date of hearing : February 13 th , 2014