2016 QCCQ 12189, 2016 QCCQ 12189

Protection de la jeunesse — 165299 2016 QCCQ 12189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY [...] « Youth Court Division » N°: 525-41-020958-088 Date: August 11, 2016 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2001 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of A Youth and Family Centres Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.Q., C. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of August 11, 2016, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for revision of an order rendered by the honourable Normand Bastien, on February 22, 2013, whereby the now fifteen year-old adolescent, X , was entrusted to the foster family of Mr.

C with aid, counsel and assistance, until he reaches the age of majority, on […], 2019. [ 3 ] The facts alleged in support of the Motion for revision dated March 28, 2016, are as follows: 3.1. the adolescent has remained in the foster family of C and is developing well; 3.2. the adolescent has maintained contact with his siblings, around every six weeks; 3.3. the mother has only minimally collaborated with the intervention; 3.4. from December 2014 to April 2015, and since August 2015, the mother has had no contact with the youth protection worker; 3.5. in October 2015, the youth protection worker discovered that the mother had moved in the Town B some time before; 3.6. due to the mother’s absence, it has not been possible to respect the court orders regarding her contact with the adolescent; 3.7. more particularly, since June 2015, the adolescent has not had a visit with the mother and since August 2015, the adolescent has not had contact with the mother; 3.8. to allow for resumed contact without having the mother participate in an intervention process would be detrimental to the adolescent; 3.9.

B has also been absent from the adolescent’s life, expect for when the adolescent visited B’s mother, C, and has not collaborated with the intervention of the youth protection worker;

3.10. it is in the adolescent’s interests to be maintained in his present placement, and to revise the orientation regarding contact with his mother (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to his current foster family, with aid, counsel and assistance, as well as additional corrective measures, including changes regarding contacts with his mother, until he reaches the age of majority, on […], 2019. [ 5 ] The parents, though duly served, failed to appear without any explanation and the Court proceeded in their absence. [ 6 ] The adolescent, assisted by Me Pelletier, admitted most of the alleged facts, indicated that he does not wish to have any contact with his mother for the time being and consented to the proposed measures. [ 7 ] The Director filed Exhibits D-1 and D-2 as evidence: D-1: Court report, by [social worker 1], dated April 18, 2016; D-2: Addendum, by [social worker 1], dated August 2, 2016. [ 8 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 9 ] It appears that the mother has moved to the town A region without ever notifying the Director of Youth Protection and simply stopped attending scheduled visits with her son over a year ago. [ 10 ] Under the circumstances, the Director of Youth Protection’s motion to suspend contacts until such time as the mother demonstrates a genuine commitment to remain involved in her child’s life is wholly justified. [ 11 ] The adolescent is otherwise doing well in the foster home.

Although he sometimes struggles academically, no other particular concerns are reported. [ 12 ] Consequently, given the evidence and the consent expressed on behalf of the child, the Court is satisfied that the motion is well- founded and that the recommendations are in the adolescent’s interest.

THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of the adolescent, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 15 ] ORDERS that the adolescent remain entrusted to his current foster family; [ 16 ] PROHIBITS all contact between the adolescent and Mr. D; [ 17 ] ORDERS that the frequency and modality of contacts between the adolescent and Mr. B and Ms.

C be determined by the Director of Youth Protection, taking into consideration the adolescent’s best interest and wishes; [ 18 ] ORDERS that the mother inform the Director of Youth Protection of any steps taken to improve her situation; [ 19 ] ORDERS that the mother meet the Director of Youth Protection delegate, when required; [ 20 ] TAKES JUDICIAL NOTICE that the mother has not had any contact with the adolescent since August, 2015; [ 21 ] SUSPENDS contacts between the adolescent and his mother, until she demonstrates genuine motivation to become involved in the adolescent’s life; [ 22 ] If such contacts resume, ORDERS that the frequency and modality of contacts between the adolescent and his mother be determined by the Director of Youth Protection, taking into consideration the adolescent’s interest and wishes; [ 23 ] WITHDRAWS from the parents certain attributes of parental authority regarding all consents required for the adolescent and grants these attributes to the current foster parent, Mr.

C; [ 24 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with treating professionals working with the family; [ 25 ] ORDERS that a person working for A Youth and Family Centres provide aid, counsel and assistance to the adolescent and his family; [ 26 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out; [ 27 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 28 ] THE WHOLE until he reaches the age of majority, on […], 2019.

TAYA DI PIETRO, Q.C.J. Me Myriam De Blois Attorney for the Director of Youth Protection Me François Pelletier Attorney for the adolescent TD/vl