2016 QCCQ 12188, 2016 QCCQ 12188

Protection de la jeunesse — 165298 2016 QCCQ 12188 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY [...] « Youth Court Division » N°: 525-41-020957-080 Date: August 11, 2016 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2004 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of A Youth and Family Centres Applicant -and- A , the mother -and- B , the father The parents 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 11, 2016, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for revision of an order rendered by the undersigned, on July 8, 2015, whereby the now eleven year-old child, X , was entrusted to the foster family of Mrs.

C with aid, counsel and assistance, until she reaches the age of majority, on October 18, 2022. [ 3 ] The facts alleged in support of the Motion for revision dated March 28, 2016, are as follows: 3.1. the child has remained in the foster family of C and continues to struggle with certain behavioural issues, but overall is developing well; 3.2. the child has maintained contact with her siblings, around every six weeks; 3.3. the mother has only minimally collaborated with the intervention; 3.4. from December 2014 to April 2015, and since August 2015, the mother has had no contact with the youth protection worker; 3.5. in October 2015, the youth protection worker discovered that the mother had moved in the Town B some time before; 3.6. due to the mother’s absence, it has not been possible to respect the court orders regarding her contact with the child; 3.7. more particularly, since June 2015, the child has not had contact with the mother; 3.8. to allow for resumed contact without having the mother participate in an intervention process would be detrimental to the child; 3.9. the father B has also been absent from the adolescent’s life, expect for when the adolescent visited her paternal grandmother, D, and has not collaborated with the intervention of the youth protection worker; 3.10. it is in the child’s interests to be maintained in his present placement, and to revise the orientation regarding contact with the

mother (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to her foster family, with aid, counsel and assistance, as well as additional corrective measures, including changes regarding her contacts with her mother, until she reaches the age of majority, on October 18, 2022. [ 5 ] The mother, though duly served in the Town B region, failed to appear without any explanation, and the Court proceeded in her absence. [ 6 ] The father, though also duly served, failed to appear without any explanation. [ 7 ] Me Pelletier, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-1 and D-2 as evidence: D-1: Court report, by [social worker 1], dated April 18, 2016; D-2: Addendum, by [social worker 1], dated August 2, 2016. [ 9 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 10 ] It appears that the mother has moved to the town B region without ever notifying the Director of Youth Protection and simply stopped attending scheduled visits with her daughter over a year ago. [ 11 ] Faced with her mother’s prolonged absence, the child expresses sadness and compassion: X has expressed sadness that Ms. A has left without telling her; however, X states she wishes to see Ms. A in order for her to take care of Ms.

A. [2] [ 12 ] Under the circumstances, the Director of Youth Protection’s motion to suspend contacts until such time as the mother demonstrates a genuine commitment to remain involved in the child’s life is wholly justified. [ 13 ] The child is otherwise doing well in the foster home, her tantrums have decreased and although she still has certain difficulties (controlling her hygiene) no other concerns are reported. [ 14 ] Consequently, given the evidence and the consent expressed on behalf of the child, the Court is satisfied that the motion is well- founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of the child, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the child remain entrusted to her current foster family; [ 18 ] PROHIBITS all contact between the child and Mr. E; [ 19 ] ORDERS that the frequency and modality of contacts between the child and Mr. B and Ms.

D be determined by the Director of Youth Protection, taking into consideration the child’s best interest and wishes; [ 20 ] ORDERS that the mother inform the Director of Youth Protection of any steps taken to improve her situation; [ 21 ] ORDERS that the mother meet the Director of Youth Protection delegate, when required; [ 22 ] TAKES JUDICIAL NOTICE that the mother has not had any contact with the child since June, 2015; [ 23 ] SUSPENDS contacts between the child and her mother, until she demonstrates genuine motivation to become involved in the child’s life; [ 24 ] If such contacts resume, ORDERS that the frequency and modality of contacts between the child and her mother be determined by the Director of Youth Protection, taking into consideration the child’s interest and wishes; [ 25 ] WITHDRAWS from the parents certain attributes of parental authority regarding all consents required for the child and grants these attributes to the child’s current foster parent, Mrs.

C; [ 26 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with treating professionals working with the family; [ 27 ] ORDERS that a person working for A Youth and Family Centres provide aid, counsel and assistance to the child and her family;

[ 28 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out; [ 29 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 30 ] THE WHOLE until she reaches the age of majority, on […], 2022. TAYA DI PIETRO, Q.C.J. Me Myriam De Blois Attorney for the Director of Youth Protection Me François Pelletier Attorney for the child TD/vl