2011 QCCQ 18144, 2011 QCCQ 18144

Protection de la jeunesse — 117127 2011 QCCQ 18144 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No: 525-41-019100-072 DATE: December 15, 2011 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of A Centres Applicant - and - X Born on […], 1995 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Y.P.A. ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of December 15, 2011, in accordance with the requirements of

section 90 of the law. [ 2 ] On June 15, 2009, the honourable Michel Jasmin ordered that the adolescent be entrusted to a rehabilitation centre until his age of majority and that a social follow-up be provided to the family for the same period. [ 3 ] The principal facts alleged in support of the motion are the following: • The adolescent remained at Group Home A where he made tremendous progress in all areas of his life; • The adolescent has also been doing well in school; • The adolescent maintained weekly visits with the mother and his siblings, when the situation allowed to do so; • The mother continues to struggle with substance abuse issues; • Both the mother and the adolescent recognize that the latter cannot return to his mother’s care; • The adolescent expressed wanting to integrate a foster family, ideally in his Native Community. [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to foster care until his age of majority, with a social follow-up for the same period. [ 5 ] The mother admits the facts alleged in the motion and consents to the recommended measures.

The mother testifies that she has certain worries seeing her son reintegrate his Native Community. However, she knows the foster parents and says that it is a good family. Finally, the mother states that she wants to maintain regular contacts with her son. [ 6 ] The adolescent admits the majority of the facts alleged in the motion and agrees with the recommended measures. He has visited the foster home on more then one occasion and gets a long well with the foster parents.

He will be integrating Lake of two mountains high school and is looking forward to joining their hockey team. [ 7 ] The Court also heard the testimony of Ms. [social worker A] , human relations’ agent, and read the report the Director filed as proof

of the adolescent’s situation. The adolescent has made great progress since the last Court order. He wants to finish high school and then follow a course with [the school A] in car mechanic and technical design. He presents no behavioural difficulties and does not use drugs. It is his wish to reintegrate his Native Community in city A and this opportunity to validate his cultural heritage must be given to him. [ 8 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to foster care until his age of majority.

The mother is not in a position to care for her son on a full time basis, but can receive him on weekends. [ 9 ] The evidence and the admissions made have convinced the Court that the security and development of the adolescent are still compromised. [ 10 ] THEREFORE, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES still compromised the security and development of the adolescent, X ; [ 13 ] REVISES the order rendered by the honourable Michel Jasmin on June 15, 2009; [ 14 ] ORDERS that the adolescent, X, be entrusted to foster care until his age of majority; [ 15 ] ORDERS that the Director of Youth Protection be authorized to sign all authorizations concerning the adolescent related to health, school, recreation and travel, if the mother is not available; [ 16 ] RECOMMENDS that the mother continue to seek treatment for her substance abuse and mental health difficulties; [ 17 ] ORDERS that aid, counsel and assistance be provided to the adolescent and his family until his age of majority, […], 2013; [ 18 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of A Centres, who shall see that the measures are carried out; [ 19 ] ORDERS the execution of the present order by any peace officer.

Signed December 19, 2011 Ann-Marie Jones, J.C.Q. AMJ/dg Me Camille Champeval (Counsel for the D.Y.P.) Me Daniel Bouchard (Counsel for the adolescent) Date of hearing: December 15, 2011