2014 QCCQ 14425, 2014 QCCQ 14425

Protection de la jeunesse — 144559 2014 QCCQ 14425 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000403-097 DATE: September 9, 2014 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 2002 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection working at Centre Jeunesse A, having a place of business at […] at Town A, district A (Quebec) […] Applicant and A , residing and domiciled at […] in Town A, district A (Quebec) […] Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] The applicant asks the Court to review and extend its decision rendered on February 26, 2014. On that date Judge McKenna entrusted the youth to a rehabilitation center until June 2014, followed by integration in a foster family.

Other measures were ordered for a period of nine months. [ 2 ] If the Court concludes that the youth's security or development is still endangered, the applicant recommends that X be entrusted to a rehabilitation center for 12 months with integration in a foster family if the situation allows it. [ 3 ] The youth is present and represented by a lawyer. The youth admits that her safety is still compromised pursuant to the law. She agrees with the measures recommended by the applicant. [ 4 ] The mother is present and not represented.

She does not wish to be represented even if the Court told her that she has rights in that regard. [ 5 ] The Court considers the following facts as proven by preponderant evidence. The Facts [ 6 ] On February 26, 2014, the Court entrusted the youth to a rehabilitation center until the end of June 2014, and then she was supposed to be integrated in a foster family. On June 16, 2014, as a provisional measure the Court entrusted her again to a rehabilitation center until July 9, on which this hearing was scheduled to proceed. [ 7 ] X is a 12 years old girl.

Since January 2013, she has been entrusted to a rehabilitation center. She progressed a lot during that period. [ 8 ] She used to have tantrums a few times a day and now she rarely has it. The youth reacts more in a situation where she is refused something. She has a severe attachment disorder. [ 9 ] The youth started her meeting with a psychologist in regard to her emotional issues and it goes well. She had approximately three meetings.

She still has issues dealing with her anger but improved a lot since the beginning of her placement. [ 10 ] She functions well at the A School and is successful academically. [ 11 ] Since the last Court order on February 26, 2014, the Director of Youth Protection has made attempts to find a foster family that would answer properly to the youth's needs and her environment that has the abilities to help and support her taking in consideration her personality. [ 12 ] The Director of Youth Protection tried to find a foster family in Town A taking into consideration that the youth would have better chances to succeed while keeping the same friends, school as well as activities over there.

The Director of Youth Protection knows that placing her back in Town B will heighten the risks to set the youth for failure. The youth also asks to be placed alone in a foster family.

[ 13 ] After different meetings with specialists, staff from the center as well as the person in charge of the foster families, the Director of Youth Protection concludes that in the best interest of the youth, it needs to keep on trying to find a foster family in Town A. [ 14 ] At the moment no foster family fits the requirements for a successful reinsertion of the youth. [ 15 ] The mother still lives in Town B with her four months daughter. She is installed in a house that has three bedrooms.

She is putting energy into finding resources and services for herself and her family. [ 16 ] She is still single and says that she is not reconciled with Mr B. She says that she does not intend to as long as he does not seriously proves that he did things to change and improve his situation. Taking care of her children has priority over Mr B. [ 17 ] X's father is not recognized on the birth certificate. He is not involved regularly in her life and does not show any interest to the Centre Jeunesse to do so. He saw the youth on a few occasions. [ 18 ] The mother is still stable and sober.

She collaborates well with the services. She stays in contact with the youth regularly. She has a room in her house to receive the youth. [ 19 ] The mother-youth relationship still has to improve and is fragile. The mother is well aware that it will take time. [ 20 ] The youth has a hard time to trust her mother because of the lack of consistency in the past to maintain the contacts. The youth is also afraid that Mr B will have priority over her. The youth and the mother are slowly building that trust.

Decision [ 21 ] In the next year the Director of Youth Protection will put all the necessary efforts to find a foster family that will fit the needs of the youth. He knows that he has to be very careful in that match in order to avoid another failure in the youth's life. [ 22 ] The Court is convinced by preponderant evidence that the applicant needs more time to properly point out the right foster family. A period of 12 months seems appropriate and reasonable to achieve that goal. [ 23 ] The youth needs stability.

The Court concludes also that in the youth's best interest it is important that her foster family be settled in Town A.

Her mother resides in Town B and the evidence is preponderant that the youth develops all her interests including school in this town. [ 24 ] After that 12 months delay, the applicant will be back in Court with a long-term project for the youth. [ 25 ] The Court concludes that the security or development of X, born on […], 2002, is still endangered pursuant to the law. [ 26 ] The Court concludes also that the applicant recommendations concerning the measures are appropriate, reasonable and in the youth's best interest.

For these reasons the Court: [ 27 ] Grants the motion; [ 28 ] Maintains that the security or development of X, born on […], 2002, is still compromised pursuant to the law; [ 29 ] Orders the following measures for a period of 12 months; [ 30 ] Orders that the youth be placed in a rehabilitation center for 12 months and then she will integrate a foster family as soon as the situation allows it; [ 31 ] Recommends that this foster family be in Town A in the best interest of the youth as she already started a stability in Town C by going in school there and have friends; [ 32 ] Authorizes stays in the foster family as soon as this family will be found; [ 33 ] Orders that the youth receives a follow-up by a psychologist as long as deemed necessary; [ 34 ] Orders that the visits be authorized in a foster family while the youth is in Town A or in Town C, Recommends that those contacts will be with her siblings and with her maternal grandmother and Orders that those contacts will be supervised by the Director of Youth Protection as for the modalities, the frequency and the length; [ 35 ] Orders that the contacts between the youth and the mother be supervised by the Director of Youth Protection as for the modalities, the frequency and the length; [ 36 ] Orders that the youth attends a school or another place of learning; [ 37 ] Orders that information can be exchange between the different workers involved in the youth's and mother's life and those information can be exchanged between the different workers and the Director of Youth Protection, relevant information concerning the youth's and the mother's situation; [ 38 ] Orders that a person working for an institution or body provides aid, counselling and assistance to the youth, the mother and the foster family;

[ 39 ] Orders any police body to collaborate for the purpose of executing this enactment; [ 40 ] Entrusts the situation of the children to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ Josée Bélanger, J.C.Q. Me Julie Lemire, attorney for the Director of Youth Protection Me Peggy Warolin, attorney for the youth Date of hearing: July 11, 2014