2016 QCCQ 14831, 2016 QCCQ 14831

Protection de la jeunesse — 167146 2016 QCCQ 14831 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No. 555-41-000081-155 DATE: September 19, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE MARIE PRATTE J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION Applicant and X Adolescent and A B Parents ______________________________________________________________________ JUDGMENT (section 95, Youth Protection Act ) ______________________________________________________________________ WARNING : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child's parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] Considering that the security and development of X, aged 17, are still in danger due to the precariousness of the family situation, the Director of Youth Protection is asking the Court to extend the order rendered on November 25, 2015. [ 2 ] On that date, Sylvain Meunier J. entrusted the adolescent to a foster family for ten months.

The Director of Youth Protection is asking that this placement be extended until X is of full age, on […], 2017. [ 3 ] The adolescent attended the hearing; she agreed with the request. Her parents were absent, but they had indicated that they agreed with the measures. [ 4 ] With consent, the attorney for the Director of Youth Protection filed the caseworker’s report to serve as testimony. [ 5 ] The evidence shows that X’s integration into her family environment is not possible.

Moreover, the adolescent is blossoming in her foster family, which provides her with appropriate structure; she feels safe there and appreciates the fact that her foster parents do not judge her. [ 6 ] Since she will soon be 18 years old, X now has to prepare for her life as an adult.

All of the parties acknowledge that her best chances of achieving that objective and developing all of her talents are in the present foster family. [ 7 ] In the circumstances, the Court has no hesitation in declaring that the security and development of the adolescent are still in danger and in allowing the proposed protective measures, which, according to the evidence, are suited to her needs. [ 8 ] The request is in the interest of the adolescent and in keeping with her rights. [The following passage appears in English in the original French-language judgment.] [ 9 ] THEREFORE, THE COURT : [ 10 ] ALLOWS the motion; [ 11 ] DECLARES that the adolescent security and development are still compromised;

[ 12 ] REVISES AND EXTENDS the decision rendered on November 25 th , 2015; [ 13 ] ORDERS the execution of the following protective measures:

a) That adolescent be entrusted to the foster family of Melissa Jean and Jean-Pierre Houle until her majority;

b) That a person working for the CISSS[A]/CJ[A] provide aid, counselling or assistance to the adolescent and her family until the adolescent’s majority on […], 2017;

c) That contacts between the adolescent and her parents be according to an agreement between the parties;

d) That the parents and X participate actively in the measures ordered by cooperating with the Director of Youth Protection’s social worker; [ 14 ] RECOMMENDS :

a) That the adolescent receive all the health care and services required by her condition; [ 15 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection for the execution of this decision. [End of passage.] __________________________________ MARIE PRATTE J.C.Q. Mtre. Ariane Beaulieu Counsel for the Director of Youth Protection Mtre. Marie-Christine Fournier Counsel for the adolescent Date of hearing: September 19, 2016