2017 QCCQ 17073, 2017 QCCQ 17073

Protection de la jeunesse — 177631 2017 QCCQ 17073 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-029867-157 DATE : September 26, 2017 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X , born on [...], 2004 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 95 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, 11.2.1 and 135 Y.P.A.). [ 1 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on September 26 th , 2017 . [ 2 ] The Director of Youth Protection (the Director) seizes Court of an application for extension of a decision rendered by the undersigned on June 17 th , 2016.

The Director is asking that the youth be entrusted to a confidential foster family until his age of majority and that aid, counsel and assistance be provided for the same period of time. [ 3 ] The youth admits essentially all the facts alleged in support of the application but denies demonstrating anger towards his parents regarding their abandonment. The youth agrees with the recommendations of the Director. [ 4 ] The parents are absent at the hearing. They are also absent from the life of their son.

CONTEXT [ 5 ] Although certain difficulties were encountered during the integration period of the adolescent to his foster home, as of August 30 th , 2016, the adolescent has adjusted well to his new home. The youth continues to test limits and at times, struggles with rules and expectations. The foster parents, with the support provided by the Director, can provide the youth with the guidance and supervision necessary. [ 6 ] In June 2017, the youth met a psychiatrist who suggested that a follow-up is no longer necessary as the youth’s behaviour has stabilized.

[ 7 ] The youth continue to be followed on a regular basis by his family doctor in order to adjust the medication needed to control his impulsiveness. [ 8 ] The adolescent is also receiving counselling services from Pavilion A in the Eastern Townships to address the issues of inhaling gas. The foster parents, along with the professionals involved, are able to ensure that the issues are appropriately addressed. [ 9 ] The foster mother has expressed her commitment to care for the adolescent on a long-term basis.

The adolescent wishes to continue to live with the foster parents until his age of majority. [ 10 ] The Director has established that the security and development of the adolescent are still compromised. The measures recommended meet the needs of the adolescent and are in his best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 11 ] DECLARES that the security and the development of the adolescent are still compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 12 ] ORDERS that X remain entrusted to his current confidential foster home; [ 13 ] ORDERS that the adolescent receives therapeutic services based on his needs for as long as needed and as long as he wishes; [ 14 ] WITHDRAWS from the parents the exercise of the attributes of parental authority regarding medical, educational, extracurricular activities, travel (including a request for passport) and [ 15 ] GRANTS these attributes to the foster parents; [ 16 ] SUSPENDS the contacts between the adolescent and his parents until the following conditions are met : • that the parents meet with the worker and discuss their commitment, motivation, stability and availability to resume contacts; • that the adolescent’s situation be stable and that he be willing to have contacts; • that the Director of Youth Protection be of the opinion that resuming contacts would be in the best of the adolescent; [ 17 ] ORDERS that the Director of Youth Protection look into the possibility of establishing safe and healthy contacts between the adolescent and his siblings; [ 18 ] ORDERS that aid, counsel and assistance be provided to X and his parents, should they make themselves available, until X reaches the age of majority; [ 19 ] ENTRUSTS the situation of adolescent to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 20 ] ORDERS the execution of the present judgment by any peace officer, if necessary. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Isabelle Loranger Attorney for the Director of Youth Protection Me Adriana Chafoya-Hunter Attorney for the adolescent

Date of hearing : September 26 th , 2017