2015 QCCQ 19458, 2015 QCCQ 19458

Protection de la jeunesse — 154685 2015 QCCQ 19458 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-026983-130 Date: August 28, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 1999 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother The parent JUDGMENT

Section 95- 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 August 28, 2015, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a motion for extension of an order rendered by the undersigned, on August 29, 2014, whereby the now sixteen year-old adolescent, X , was entrusted to the care of Ms. B with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the motion for extension dated June 9, 2015, are as follows: 3.1. the adolescent has remained in the foster family of Ms.

B where she is doing well; 3.2. the adolescent has made significant efforts which have yielded better academic results; 3.3. the adolescent has benefitted from counselling to address her anxiety issues; 3.4. the adolescent and the mother have maintained contacts and are working on mending their relationship however, it would be premature for the adolescent to return to the mother’s care; 3.5. the adolescent continues to require a stable and predictably support setting such as is being offered in Ms.

B’s house (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to her current foster home, with aid, counsel and assistance, as well as additional corrective measures, until she reaches the age of majority, on [...], 2017. [ 5 ] The mother, assisted by Me Shapiro Knight, admitted most of the alleged facts and consented to the proposed measures.

While she does not contest the ongoing need for placement she is open to receiving services to mend her relationship with her daughter and would like her daughter to be strongly encouraged to participate. [ 6 ] The adolescent, assisted by Me Marceau, admitted all the facts alleged and consented to the proposed measures, with the exception of family therapy for which she does not feel ready. [ 7 ] The Director filed Exhibit D-1 as evidence: D-1: Court report, prepared by [Social Worker 1], dated June 9, 2015.

[ 8 ] In

summary, the need to extend the placement is acknowledged and there are no concerns regarding the quality of care provided in the foster home. [ 9 ] Moreover, the adolescent has continued to benefit from counselling and has made efforts yielding “substantial academic improvements” [2] . [ 10 ] The mother also continues to seek services to work on her personal issues. [ 11 ] The adolescent is strongly encouraged to participate in services to improve her relationship with her mother, for her own future well-being, while the services may still be made available to her. [ 12 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of the adolescent, X , remain compromised 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: [ 15 ] TAKES JUDICIAL NOTICE the Director of Youth Protection has identified the foster home of Ms. B as capable of meeting the adolescent’s long-term needs; [ 16 ] ORDERS that the adolescent remain entrusted to the foster home of Ms.

B; [ 17 ] ORDERS that the frequency and modality of contacts between the adolescent and her mother be determined by the Director of Youth Protection at X’s request; [ 18 ] ORDERS that the mother continue to refrain from all forms of physical and verbal aggression and emotional rejection towards the adolescent; [ 19 ] RECOMMENDS that both the adolescent and the mother benefit from individual counselling services; [ 20 ] STRONGLY RECOMMENDS that mother and daughter participate in family therapy; [ 21 ] TAKES JUDICIAL NOTICE of the mother’s willingness to participate; [ 22 ] RECOMMENDS that the adolescent be encouraged to participate as well; [ 23 ] ORDERS that a person working for [Centre A] provide aid, counsel and assistance to the adolescent and her family; [ 24 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 25 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 26 ] THE WHOLE until the adolescent reaches the age of majority, on [...], 2017.

TAYA DI PIETRO, Q.C.J. Me Camille Champeval Attorney for the Director of Youth Protection Me Laurence Marceau Attorney for the adolescent Me Judith Ann Shapiro Knight Attorney for the mother

TD/vl