2016 QCCQ 14743, 2016 QCCQ 14743

Protection de la jeunesse — 167121 2016 QCCQ 14743 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000499-159 DATE: September 8, 2016 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2001 Adolescent -and- A Mother -and- B Tutor ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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 Director of youth protection (DYP) asks the Court to revise and extend the order rendered on March 2, 2016, in respect of the adolescent. [ 2 ] At the hearing, the mother is present but not represented by a lawyer. She agrees with the measures proposed by the DYP and the filing of the report to value the testimony of their author. [ 3 ] The adolescent is absent but duly represented.

Even if he denies or ignores some allegations, through his counsel, he agrees with the measures proposed by the DYP and the filing of the reports to value the testimony of the author. [ 4 ] The adolescent is 15 years old. He is placed since October 1, 2014 under a tutorship to have a life project until his majority. At the time, he ran away to go at his mother’s, and his tutor refused to take him back. [ 5 ] For that reason, the adolescent was placed in a new foster family. His brother is also living there. He is adapting well in this family. In fact, he wishes to stay there until his majority.

The family also agrees to keep him until then. For them, he is already one of their own. [ 6 ] Since the measure was ordered, the adolescent only had one supervised visit at the restaurant with his mother on July 7, 2016, due to her situation since she was on house arrest and after went to jail for a period of time. [ 7 ] Before that supervised visit, the mother had not any contact with the adolescent since November 2015. [ 8 ] The mother is collaborative with the services. She wants to be implicated in her son’s life and to play a positive parental role.

She knows that her son’s best interest is to stay in his current foster family, who also wishes to be involved throughout his life. [ 9 ] The mother only wishes for her son’s happiness, and she wants to respect his decision to keep living in this family. [ 10 ] The adolescent still requires a secure and stable environment to ensure his development, and the mother is not in a position to provide that.

[ 11 ] The evidence demonstrates that the security and development of the youth are still in danger. Under the circumstances and considering the admission and consent of the parties, the application is well founded. The suggested measures appear to be in the best interest of the adolescent. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 12 ] GRANTS the application for extension of order; [ 13 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 14 ] EXTENDS the court order rendered on March 2 nd , 2016, in this file; [ 15 ] ORDERS that the adolescent be entrusted to a foster family designated by the DYP until the age of majority ([…], 2019); [ 16 ] RECOMMENDS that the adolescent benefits from a psychological counselling as long as deemed necessary by the professional; [ 17 ] ORDERS that the contacts between the adolescent and his mother be set after an agreement between the parties, including the presence of a third person as long as deemed necessary; [ 18 ] RECOMMENDS that the mother receives psychological follow-ups for as long as deemed necessary by the professional; [ 19 ] ORDERS that the mother reports to the DYP on a regular basis and that she plays an active and positive role in her son life; [ 20 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and his family until the age of majority ([…], 2019); [ 21 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present order. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse Andrée Lemieux for the applicant Me Alexis Deschênes for the adolescent Mrs A the mother Mrs B the tutor (absent) Date of hearing: September 8, 2016 Written judgment filed on September 15, 2016