2011 QCCQ 14524, 2011 QCCQ 14524

Protection de la jeunesse — 115250 2011 QCCQ 14524 CANADA PROVINCE OF QUEBEC District of [...] JJ0296 COURT OF QUEBEC YOUTH DIVISION N°: 525-41-024350-118 DATE: October 12, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of Batshaw Youth and Family Centres Applicant - and - X Born on […], 1997 - and - A Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Y.P.A. ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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. [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of October 12, 2011, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for revision by the Director of Youth Protection of an order rendered May 26, 2011, entrusting the child to foster care for a period of six months with a social follow-up for a period of one year. [ 3 ] The principal facts alleged in support of the motion are the following: • Since the last court order, the adolescent remained in a foster family; • The adolescent has sporadic contacts with the mother; • The mother’s whereabouts remain unknown; • The mother does not collaborate with the Director of Youth Protection, nor does she follow through on the measures ordered; • There are some documents that need to be signed at the school and a name change that needs to be done for the adolescent; [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to foster care until June 30, 2012, with a social follow-up for the same period. [ 5 ] The mother is not present at the hearing and her whereabouts are unknown.

The mother has had very few contacts with her daughter since the last Court order. Under the circumstances, the Court proceeded in the absence of the mother. [ 6 ] The adolescent admits the facts alleged in the motion and agrees with the recommended measures. The adolescent is happy in her

current foster home and agrees to stay there for as long as necessary. The adolescent also agrees to go for counselling and is asking to visit her biological mother in Town A. [ 7 ] The Court also heard the testimony of Ms. [Social Worker 1], human relation's agent, and read the report the Director filed as proof of the adolescent’s situation. The evidence reveals that the adolescent is somewhat worried about her placement, if she makes mistakes or brakes certain rules.

However, the foster mother has informed the youth worker that she is willing to have X in her care for as long as deemed necessary. [ 8 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to foster care until June 30, 2012.

The mother must address her substance abuse and collaborate with DYP before she can regain custody of her daughter. [ 9 ] The evidence and the admissions made have convinced the Court that the security and development of the adolescent are still compromised. [ 10 ] THEREFORE, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES still compromised the security and development of the adolescent, X; [ 13 ] REVISES the order rendered May 26, 2011; [ 14 ] ORDERS that the adolescent, X, be entrusted to foster care until June 30, 2012; [ 15 ] ORDERS that the frequency and modality of contacts between the adolescent and her mother be determined by the Director of Youth Protection, including supervision as deemed necessary; [ 16 ] ORDERS that the adolescent receive all health care services required by her situation, including medical care, dental care and individual counselling; [ 17 ] RECOMMENDS strongly that DYP arrange for the adolescent to visit her biological mother in Town A; [ 18 ] ORDERS that the mother collaborate with DYP and take an active

part in the application of the measures ordered; [ 19 ] ORDERS that the mother meet with the youth workers as requested and inform the youth workers of any change of address in a delay of 24 hours; [ 20 ] RECOMMENDS that the mother complete a substance abuse program acceptable to the Director; [ 21 ] ORDERS that DYP be authorized to have access to pertinent information and progress of any treatment undertaken by the mother; [ 22 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the mother relating to signing of consents and authorizes DYP to sign for all consents and authorizations concerning the adolescent for medical, academic, recreational and travel needs; [ 23 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family until June 30, 2012; [ 24 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of Batshaw Youth and Family Centres, who shall see that the measures are carried out; [ 25 ] ORDERS the execution of the present order by any peace officer.

Signed October 13, 2011 Ann-Marie Jones, J.C.Q. AMJ/dg Me Marie-Josée Paiement (Counsel for the D.Y.P.) Me Michelle Robidoux (Counsel for the adolescent) Date of hearing: October 12, 2011