2015 QCCQ 12122, 2015 QCCQ 12122

Protection de la jeunesse — 153367 2015 QCCQ 12122 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-028205-144 Date: June 11, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 1999 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother The parent 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 June 11, 2015, 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 undersigned, on April 24, 2014, whereby the now sixteen year-old adolescent, X , was entrusted to his maternal grandfather, with a possible reintegration to his mother’s care, with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the motion for revision dated November 17, 2014, are as follows: 3.1. The adolescent has adjusted well to his grandfather’s home and has been doing well in school; 3.2.

The adolescent has been visiting his siblings regularly; 3.3. The adolescent has seen his mother on several occasions, including four (4) overnights visits, and all those contacts have been characterized as fairly positive; 3.4. The mother continues to meet with her social worker at the CLSC on a monthly basis as well as the youth protection worker to work on her parenting strategies and relationship issues; 3.5. Both the adolescent and the mother agree that there is still work to do in repairing their relationship; 3.6. Mr.

B has started an evaluation process to be recognized as a foster family for the adolescent; 3.7. The mother supports the plan for the adolescent to remain in the care of Mr. B (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to the foster home of his maternal grandfather, Mr. B, with aid, counsel and assistance, as well as additional corrective measures, until he reaches the age of majority, on […], 2017. [ 5 ] The mother, though duly served personally on April 29, 2015, chose not to attend the hearing.

The worker testified that she expressed her consent to the proposed measures. Consequently, the Court proceeded in her absence. [ 6 ] The adolescent’s father is not declared on his birth certificate.

[ 7 ] The adolescent, assisted by Me Hamel, admitted the majority of the facts alleged and consented to the proposed measures. [ 8 ] The Director filed Exhibits D-1 and D-2 as evidence: D-1: Court report, prepared by [Social Worker 1] and [Social Worker 2], dated June 2, 2015; D-2: Recognizance to keep the peace (section 810) signed by the mother on February 25, 2015 for a period of twelve months. [ 9 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 10 ] As summarized in the Court Report : The situation remains generally the same, with X adjusting well at his grandparents, trying to maintain relationships with his siblings and his mother, working hard in school, and working well with social services. He is currently entrusted to his grandfather’s home and would like to remain there until age of majority, […], 2017.

X has stated he wants to maintain relationships with siblings, and to work on improving his relationship with his mother when he is ready to resume contact, although he does not see himself integrating home at this time. On February 25, 2015, Ms. A signed an

article 810 criminal code, an agreement to keep the peace and not to have communication with X except with his consent. She seems motivated to make better parenting decisions and is able to address issues such as finding alternatives to physical discipline, anger management, and conflict resolution. She is working well with the undersigned Ms. A may be worried about her immigration status, and the possibility of being deported back to City A weighs heavy.

X is worried about losing contact with his young siblings as well [2] (reproduced with errors and/or omissions). [ 11 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] 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: [ 14 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection has identified the foster home of Mr. B, the adolescent’s maternal grandfather, as capable of meeting the adolescent’s long-term needs; [ 15 ] ORDERS that the adolescent remain entrusted to the foster home of Mr.

B; [ 16 ] ORDERS that the frequency and modality of contacts between the adolescent and his mother be determined by the Director of Youth Protection and that such contacts be encouraged taking into account the adolescent’s wishes; [ 17 ] ORDERS that the mother refrain from using any form of physical discipline; [ 18 ] ORDERS that the frequency and modality of contacts between the adolescent and his siblings be determined by the Director of Youth Protection and that such contacts be encouraged taking into account the adolescent’s wishes; [ 19 ] ORDERS that a person working for Youth and Family Centres A provide aid, counsel and assistance to the adolescent and his family; [ 20 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 21 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 22 ] THE WHOLE until he reaches the age of majority, on […], 2017.

TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Robert Hamel

Attorney for the adolescent TD/vl