2018 QCCQ 10205, 2018 QCCQ 10205

Protection de la jeunesse — 181028 2018 QCCQ 10205 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY [...] « Youth Court Division » N°: 525-41-0 20957-080 Date: January 30, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2004 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) JD2620 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 Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of January 30, 2018, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on November 22, 2016, whereby the now thirteen year-old child, X , was entrusted to foster care with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the Application for extension dated October 31, 2017, are as follows: 3.1. since the court order, the child has remained in the foster home of Ms. C; 3.2. all of the child’s needs continue to be met in the foster home of Ms.

C; 3.3. for the 2017-2018 school year, the child has been transferred to A School, where she can receive more specialized services to support her academically; 3.4. the child continues to have regular medical follow-up and continues to take medication for ADHD; 3.5. in June 2017, Ms. D, the child’s previous foster mother, passed away, however the child was able to attend the funeral and write a goodbye letter; 3.6. the parents have had no contact with the child and their current situation remains unknown; 3.7. the paternal grandmother, Ms.

D, had one (1) telephone contact with the child, but she has not called her since; 3.8. at this time, it is in the child’s best interest that a long-term and stable plan be implemented for her; 3.9. Ms. C remains committed to the child, this on a long-term basis (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to her current foster family, with aid, counsel and assistance, as well as additional corrective measures, until she reaches the age of majority, on [...], 2022.

[ 5 ] The mother, though duly served personnally on January 18, 2018, failed to appear for the hearing, without any explanation. [ 6 ] The father, whose whereabouts are unknown, was also absent. Consequently, the Court proceeded in the parents’ absence. [ 7 ] The child, assisted by Me Pelletier, admitted all the alleged facts and consented to the proposed measures. [ 8 ] The Director filed Exhibits D-5 and D-6 as evidence: D-5: Court Report, written by [social worker 1], dated September 29, 2017; D-6: Addendum to Court Report, written by [social worker 1], dated January 17, 2018. [ 9 ] In

summary, the evidence establishes that the child is thriving in her current foster home and that there is no reasonable expectation that she may return to her parents’ care. [ 10 ] As reported in the Addendum to the Court Report , the mother approves of the Director’s recommendations: Ms. A responded that she will not be able to attend the court hearing and had no objection to the recommended permanent plan. [2] [ 11 ] The child is thriving at school and enjoying different opportunities to express herself, develop her self-confidence and increase her self-esteem.

She appears joyful and enthusiastic when describing her activities and accomplishments. [ 12 ] Her foster mother appears fully committed to continue to meet her needs until she reaches the age of majority: Since the last court hearing on November 22, 2016, X continues to remain in the care of Ms. C, enjoying and benefiting from the devoted care of this foster parent. It has consistently been observed that Ms. C values her role as a foster mother and respects the needs and demands of X. Ms. C has also often expressed her intentions to remain committed to caring for X on a long term basis. [3] […] Ms.

C had expressed her love for X and her commitment to continue to care for X to the best of her ability until her age of majority. [4] [ 13 ] Moreover, frequent contacts between the child and her siblings are encouraged. The child has also been speaking to her paternal grandmother every two weeks since November 2017. [ 14 ] Under the circumstances, given the evidence and the child’s consent, the Court is satisfied that the application is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the child remain entrusted to her current foster parent, Ms. C; [ 18 ] ORDERS that the frequency and modality of contacts between the child and her father and Ms.

D be determined by the Director of Youth Protection, taking into consideration the child’s best interest and wishes; [ 19 ] PROHIBITS all contact between the child and Mr.

E; [ 20 ] ORDERS that the mother report to the Director of Youth Protection delegate, when required, to inform of the current situation; [ 21 ] TAKES JUDICIAL NOTICE that the mother has not had any contact with the child since June 2015; [ 22 ] SUSPENDS contacts between the child and her mother, until the mother demonstrates a genuine commitment to become involved in the child’s life; [ 23 ] If such contacts resume, ORDERS that the frequency and modality of contacts between the child and her mother be determined by the Director of Youth Protection, including supervision if necessary, taking into consideration the child’s interests and wishes; [ 24 ] ORDERS that contacts between the child and her siblings be encouraged as much as possible TAKING JUDUCIAL NOTICE of the Director of Youth Protection’s efforts to implement a regular

schedule for frequent contacts between the children; [ 25 ] ORDERS that the exercise of certain attributes of parental authority be WITHDRAWN from the parents and GRANTED to the child’s current foster parent, Ms. C, regarding all consents required for the child with respect to medical care, school, extracurricular activities, travel, as well as for a passport and driver’s license; [ 26 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with treating professionals working with the family; [ 27 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and her family;

[ 28 ] ENTRUSTS the situation of the child, X , 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; [ 29 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 30 ] THE WHOLE until she reaches the age of majority, on [...], 2022. Signed on February 16, 2018 TAYA DI PIETRO, Q.C.J. Me Edith Zavodni Attorney for the Director of Youth Protection Me François Pelletier Attorney for the child TD/vl