2017 QCCQ 5034, 2017 QCCQ 5034

Protection de la jeunesse — 172245 2017 QCCQ 5034 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] «Youth Division»

N° : 505-41-006622-114 DATE : January 10, 2017 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on [...], 2001 [SOCIAL WORKER 1] , in capacity authorized person by the Youth Protection Director of the Centre intégré de santé et des services sociaux A Declarant and A, B, Parent of the child JUDGMENT Section 95(2) of the Youth Protection Act 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 11.2.1 and 135 Y.P.A. ] [ 1 ] The Court is seized of an application for revision or extension of a Court decision under section 95(2) of the Youth Protection Act. [ 2 ] In the support of the procedure, the petitioner acting for Youth Protection Director asks the extension of the Court order rendered on December 15, 2015 for the following new facts, as it appears in paragraph of the motion:

a) Since the last court order, the youth remains in the same foster family;

b) The youth benefits of a good structure and was doing well in this milieu;

c) The youth presents mental health problems, she has a medication and is followed by a child psychiatrist;

d) The youth is attending high school where she is receiving special services for teenager with mental health disorder;

e) The youth visits her maternal grandfather when she wishes to, at the same time, she meets with her mother;

f) On October 20, 2016, a first review meeting was held where a measure until majority was chosen between the parties;

g) On November 9, 2016, an another review meeting will take place, because the situation of the youth changed in the meantime, and she begins to present some important behaviour difficulties;

h) The foster family is not able anymore to handle the situation as the youth is not doing what she is supposed to do regarding her mental health issue; [ 3 ] The father, although informed of the hearing, is absent. The Court proceeded in his absence following

Article 77 of the Youth Protection Act.

[ 4 ] The child, by her attorney, admits all the allegations of the declaration and agrees with the conclusions, and to be entrusted to a rehabilitation center until August 30 th , 2017. [ 5 ] The mother, by her attorney, admits all the allegations of the declaration and agrees with the conclusions. [ 6 ] By consent of the parties, the Court Report, written by [Social Worker 2], dated on December 29, 2016, is filed on D-4. [ 7 ] X has remained fragile and she is verbalizing needing to be maintained in her unit at least until the end of the school year. [ 8 ] In view of the partie's admissions and the content of the report filed by consent of the parties, the Court is satisfied that the proof has been made on all the allegations of the declaration and therefore: [ 9 ] GRANTS the application; [ 10 ] DECLARES that the security and the development of the child, X , are still in danger for the following reasons: • 38b)1)

i) neglect of basic physical needs; • 38b)1)iii) neglect on the educational level; [ 11 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre, until August 30th, 2017; [ 12 ] PERMITS the integration of the child in the foster family of Madam C, starting on June 30th, 2017; [ 13 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family for a period of one year; [ 14 ] ORDERS that the contacts between the child and her mother be following agreement between the parties; [ 15 ] ORDERS that the contacts between the child and D and E be favored and following agreement between the parties; [ 16 ] ENTRUSTS the situation of the child, X , to the Youth Protection Director for the execution of the measures ordered; [ 17 ] THE WHOLE for a period of one year, except the placement until August 30, 2017; __________________________________ MIREILLE ALLAIRE, J.C.Q.

Me Jean-Pierre Gaudreau Attorney for the child Me Caterine Caron Attorney for the declarant Me Alexandre Germain Attorney for the mother