2011 QCCQ 12145, 2011 QCCQ 12145

Protection de la jeunesse — 113492 2011 QCCQ 12145 JL3389 QUÉBEC COURT CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division »

N° : 525-41-006507-990 DATE : May 4th, 2011 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MICHÈLE LEFEBVRE, J.C.Q. ______________________________________________________________________ In the matter of : X, Born […], 1994 [Social Worker 1], in her capacity as person duly authorized by the Director of Youth Protection of A 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 May 4 th , 2011. [ 2 ] The Court is seized with a motion to review and extend an order rendered on April 28 th , 2004, concerning X . [ 3 ] Essentially, le Director of Youth Protection sustains: 3.1 the adolescent has remained entrusted to the foster family of her maternal grandfather, where she has developed well; 3.2 on October 17 th , 2010, the maternal grandfather died; 3.3 the maternal grandmother by herself is unable to continue to care for the adolescent; 3.4 the adolescent wishes to be entrusted to her mother; 3.5 the mother has maintained regular and consistent contact with the adolescent and siblings; 3.6 the mother's capacity remains limited to a certain extent, but appears able to have the adolescent in her care;

3.7 the father has not regularly attended his scheduled biweekly visits with the adolescent, but maintains regular contact with her; 3.8 the father is not in a position to have the adolescent entrusted to his care; [ 4 ] The Director of Youth Protection is recommending that the adolescent be entrusted to her mother's care until her age of majority and that measures be applied in order to correct the situation, as appears in the Court record. [ 5 ] The mother, through her attorney, declared to be in agreement with the measures proposed by the Director of Youth Protection as appears in the Court record. [ 6 ] The father through his attorney, declared to be in agreement with the measures proposed by the Director of Youth Protection.

He further declared that he wished to have weekends with his daughter, if that were suitable to her, which visits would be spent at her aunt's, as appears in the Court record; [ 7 ] The adolescent, through her attorney, declared to be in agreement with the measures proposed by the Director of Youth Protection and declared that she was in agreement with the father's suggestion, 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 2], dated December 13 th , 2010; D-2: Addendum to court report prepared by [Social Worker 2], dated January 7 th , 2011; D-3: Addendum #2 to court report prepared by [Social Worker 2], dated March 31 2011; ANALYSIS OF THE EVIDENCE AND DECISION [ 9 ] The Court finds from the evidence that X (17 years old) has been living at her mother's home since October 2010, after having spent most of her life at her grandparents'.

Both mother and X have been receiving services from different resources (Centre de réadaptation A; CLSC; psycho-educator) in order to help them adjust to their new reality. X is attending school A and is said to be thriving. [ 10 ] X has regular contacts with her father. These contacts usually occur at her aunt's (father's sister) and had been going well except for a mishap that took place around X's birthday whereby X stayed a day or two longer than what had been agreed to, which resulted in confusion and conflict between the people involved. [ 11 ] This situation has been resolved.

The father accepts to respect the agreements made as to contacts and visits with his daughter. [ 12 ] All agree to continue to collaborate with the social services provided. [ 13 ] 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.

CONSEQUENTLY, AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of X continue to be in danger within the meaning of the Youth Protection Act. [ 16 ] IN VIRTUE OF THE POWERS CONFERRED UPON THE COURT BY

SECTION 91 OF THE YOUTH PROTECTION ACT: [ 17 ] ENTRUSTS X to her mother’s care; [ 18 ] ORDERS that the frequency and modality of contacts between X and her father be determined by the Director of youth protection including supervision if necessary; and that the contacts between X and her paternal extended family be determined by the Director of youth protection taking into account the agreement of the parties; [ 19 ] TAKES ACT that the father and X express the wish to have overnights visits on every second weekend of the month; [ 20 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family; [ 21 ] ORDERS that X and her parents collaborate with the social follow-up that will be provided; [ 22 ] THE WHOLE until the age of majority of X; [ 23 ] ENTRUSTS the situation of X to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out.

SIGNED in Town A __________________________________ MICHÈLE LEFEBVRE, J.C.Q. M e Camille Champeval Attorney for the applicant M e Daniel Bouchard Attorney for the adolescent M e Michèle Gauthier Attorney for the mother M e Josée Lefebvre Attorney for the father Judgment rendered orally on May 4th, 2011 ML/mlm