2017 QCCQ 17077, 2017 QCCQ 17077

Protection de la jeunesse — 177635 2017 QCCQ 17077 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-030456-156 DATE : September 8, 2017 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X , born on [...], 2000 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother Respondents ______________________________________________________________________ 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 September 8 th , 2017. [ 2 ] The Director of Youth Protection (the Director) seizes Court of an application for extension of a decision rendered by the undersigned on May 2 nd , 2016. The Director is asking that the adolescent be entrusted to the foster home of Mrs.

B and that aid, counsel and assistance be provided until the adolescent reaches her age of majority ([...], 2018). [ 3 ] Except for a reference made to an orientation meeting missed, the mother admits all the facts alleged in support of the application. She is in agreement with the recommendations sought by the Director. The mother would like to have visits with her daughter at the Native Women Shelter and would like that family counselling be provided to them. [ 4 ] The adolescent makes a general admission of the facts alleged in support of the application.

She is in agreement with the conclusions suggested by the Director as well as with the requests made by her mother regarding family counselling and visits to the be held at the Native Women Shelter. CONTEXT [ 5 ] Up until August 2017, the mother was mostly absent from the adolescent’s life. Despite the attempts made by the adolescent to reach out to her mother, the mother was unable to maintain a relationship with her daughter. [ 6 ] It appears from the documentary evidence as well as from the testimony of the mother that she is fragile and needs to address various personal issues.

[ 7 ] In a meeting with the social worker in early August 2017, the mother shared information about herself and her situation. During her testimony, the mother indicted clearly that she needs help and support, that she welcomes the services provided to her and that she wishes to re-establish healthy contacts with her daughter, preferably through visits held at the Native Women Shelter. [ 8 ] The youth no longer exhibits behaviour problems as she did in the past. She functions well in the home of Mrs. B and at school. Her needs are met while in the care of Mrs. B. She wishes to continue living with Mrs.

B who is committed to support the adolescent at least until her age of majority. [ 9 ] Under the circumstances, the Director has established the need for continued intervention under the Law. The Director suggests that the adolescent be fostered in the foster family of Mrs. B who has been duly recognized as a foster family in November 2016. Respecting the general principles of the Law, the Court rather entrusts the adolescent to the care of Mrs. B who is clearly a person most important to the adolescent.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 10 ] DECLARES that the security and the development of the adolescent are still compromised; 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: [ 11 ] ORDERS that the adolescent be entrusted to the care of Mrs. B; [ 12 ] TAKES ACT of the fact that Mrs.

B have been recognized as a foster family; [ 13 ] ORDERS that the frequency, modalities and duration of contacts between the adolescent and her mother be determined by the Director of Youth Protection; [ 14 ] ORDERS that these contacts be encouraged and favoured; [ 15 ] ORDERS that the Director of Youth Protection provide support to the adolescent and her mother in order to re-establish a healthy relationship; [ 16 ] RECOMMENDS that the mother follow through with receiving the services she needs; [ 17 ] ORDERS that X continue to attend school on a regular basis; [ 18 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her mother until X reaches her age of majority; [ 19 ] 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; [ 20 ] ORDERS the execution of the present judgment by any peace officer, if necessary. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Myriam De Blois Attorney for the Director of Youth Protection Me Laurence Marceau Attorney for the adolescent Date of hearing : September 8 th , 2017