2011 QCCQ 10281, 2011 QCCQ 10281

Protection de la jeunesse — 112373 2011 QCCQ 10281 CANADA PROVINCE OF QUEBEC [...] JJ0296 COURT OF QUEBEC YOUTH DIVISION N°: 525-41-021719-083 DATE: June 15, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ In the case of: X Born on […], 1995 ______________________________________________________________________ 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 June 15, 2011, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for revision of an order rendered November 17, 2010, ordering that the adolescent be entrusted to a rehabilitation centre until January 15, 2011, and then entrusted to his father’s care.

Furthermore, that a social follow-up be provided to the family for a period of one year. [ 3 ] The principal facts alleged in support of the motion are the following: • The adolescent was reintegrated into his father’s home; • There were conflicts between the adolescent and the stepmother; • On April 13, 2011, there was an argument between the adolescent and the stepmother; • On that occasion, the father asked the adolescent to leave the home immediately; • Since that day, the adolescent has been living at his mother’s home, temporarily, waiting for a suitable foster family; • The mother is not in a position to have the adolescent entrusted to her care on a long term basis; • The adolescent acknowledges it is not possible for him to remain at his mother’s home; • At the present time, the father refuses to have the adolescent returned to his care. [ 4 ] The Director of Youth Protection recommends that the adolescent be maintained in foster care until his age of majority and that a social follow-up be provided to the family for the same period. [ 5 ] The mother is not present at the hearing although she was served personally with a copy of the motion.

Under the circumstances, and with the consent of the other parties, the Court proceeded in the absence of the mother.

[ 6 ] The father admits the facts alleged in the motion and agrees with the measures recommended by the Director of Youth Protection. The father testifies that he will keep contact with his son, but will see him outside the family home to avoid conflicts with the stepmother. [ 7 ] The adolescent agrees with the recommended measures. His counsel states that he is doing well in his present foster home. [ 8 ] The Court also heard the testimony of Ms. [Social Worker 1], youth protection delegate, and read the report the Director filed as proof of the adolescent’s situation.

The evidence reveals that the adolescent has made great gains and that he no longer presents behavioural difficulties. Furthermore, he attends school on a regular basis and is appreciated by the school staff. Ms. [Social Worker 1] states that X is doing well in his foster home, but that a french speaking muslim foster home who could receive both X and his brother A has been requested. As for contacts with the parents, X is old enough to see his parents when he wishes. [ 9 ] Under the circumstances, it is in the adolescent’s best interest to be maintained in foster care until his age of majority.

His mother is not in a position to provide for his needs and the conflicts with his stepmother make it impossible for him to live at his father’s.

Therefore, the Director of Youth Protection will need to help the adolescent towards independent living. [ 10 ] The evidence and the admissions made have convinced the Court that the security and development of the adolescent are still compromised. [ 11 ] THEREFORE, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES still compromised the security and development of the adolescent, X; [ 14 ] REVISES the order rendered November 17, 2010; [ 15 ] ORDERS that the adolescent, X, be placed in foster care until his age of majority; [ 16 ] ORDERS that the contacts between the adolescent and his brother, A, be encouraged and be determined by the Director of Youth Protection as to frequency and modality; [ 17 ] RECOMMENDS that the Director of Youth Protection enrol the adolescent in life skill programs; [ 18 ] ORDERS that aid, counsel and assistance be provided to the adolescent and his family, until his age of majority; [ 19 ] 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; [ 20 ] ORDERS the execution of the present order by any peace officer.

AMJ/dg Signed June 20, 2011 Ann-Marie Jones, J.C.Q. Me Georgia Limperis (Counsel for the D.Y.P.) Me Alain Ahmaranian (Counsel for the adolescent) Date of hearing: June 15, 2011