2022 QCCQ 11112, 2022 QCCQ 11112

Protection de la jeunesse — 222841 2022 QCCQ 11112 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] « Youth Court Division » N°: 525-41-038089-215 Date: May 17, 2022 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2005 [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 ) 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 May 17, 2022, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision and extension of an order rendered by the undersigned on April 20, 2021, whereby the now sixteen year-old adolescent, X , was entrusted to a foster home with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the application for revision and extension dated February 18, 2022, are as follows: 3.1. since the last court hearing, the adolescent remained in the foster home of Ms.

C where he felt comfortable and was doing well; 3.2. the adolescent continued to enjoy school and attended activities within the Teen Action Program at the YMCA during the summer; 3.3. up until November 20, 2021, despite a few last-minute cancellations from the mother, the adolescent had regular weekend visits with the mother at her apartment; 3.4. on November 24, 2021, the adolescent disclosed that the visits with his mother were uncomfortable because of the mother’s partner and given the pressure she was putting on the adolescent, more particularly but not restrictively, when she told him that his placement is costing her money, making him feel like a burden; 3.5. on that same day, the adolescent also disclosed that he believes that the reason why the mother would sometimes cancel visits is due to her fighting with her partner; 3.6. throughout the intervention, the mother remained uncollaborative, not transparent and often unreachable; 3.7. the current foster home is unable to commit to the adolescent until his age of majority (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to foster care, with aid, counsel and assistance, as well as additional corrective measures, until he reaches the age of majority, on [...], 2023. [ 5 ] Though duly informed of the hearing, the adolescent’s mother failed to appear.

[ 6 ] The adolescent’s father remains uninvolved and the Court proceeded in his absence. [ 7 ] The adolescent was absent and represented by his counsel, Me Robidoux, who admitted all the alleged facts and consented to the proposed measures, indicating that her client did not wish to have the hearing postponed despite his absence. [ 8 ] The Director filed Exhibits D-5 and D-6 as evidence: D-5: 95 Court Report, prepared by [Social Worker 2], dated February 7, 2022; D-6: Addendum, prepared by [Social Worker 2], dated May 11, 2022. [ 9 ] In

summary, counsel for the adolescent expressed her client’s strong desire to extend his placement in foster care until he reaches the age of majority. [ 10 ] The adolescent’s return to his mother’s care is not a realistic option and it is at his request that the Director recommends that the order be extended until his majority even though a change in foster family is expected. [ 11 ] His current foster family has shown greater flexibility and is able to pursue the entrustment until a suitable replacement is identified. [ 12 ] The adolescent remains focused on his studies and has recently been accepted to CEGEP: X Has continued to succeed academically during this period.

In March 2022, he was accepted to College A in the Science and Social Science double DEC Program which he will begin in fall, 2022. [2] [ 13 ] His maternal grandparents encourage his efforts and offer a consistent presence in his life. Their conflictual relationship with the mother should not prevent the adolescent from benefitting from their care and support. [ 14 ] Unfortunately, the mother has done little to prioritize her son’s needs since the date of the last order: Ms. A had been offered an abundance of opportunities to be present for her son but had not availed herself of them.

She had not availed herself to have a presence in her son’s life through visits and she had not taken on the role to responsibilize herself for managing X’s academic, medical or basic care needs in the past year. Unfortunately, it appeared that she did not seem to understand her role as a parent or recognize the extent to which she is doing harm to her attachment with her son based on her lack of consistency with visits and sheer absence of involvement in his life.

While she had recently asserted her role to have contacts with X, the fact of the matter remained there were only a handful of visits during the span of almost one year where she was largely absent. [3] [ 15 ] Consequently, the exercise of certain attributes of parental authority must be withdrawn from the mother and granted to the Director of Youth Protection to ensure that necessary authorizations are granted in the adolescent’s interest, more particularly regarding his ability to travel with his grandparents. [ 16 ] Under the circumstances, given the evidence, the Court is satisfied that the application is well-founded and that the recommendations are in the adolescent’s interest.

THEREFORE, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and development of the adolescent, X , remain in danger 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: [ 19 ] ORDERS that the adolescent be entrusted to a foster home; [ 20 ] TAKES JUDICIAL NOTICE that the adolescent will remain in his current foster home until an appropriate long-term home has been identified; [ 21 ] ORDERS that the frequency and modality of contacts between the adolescent and his mother be determined by the Director of Youth Protection, taking into account the wishes and best interest of the adolescent; [ 22 ] STRONGLY RECOMMENDS that the adolescent be referred to the Services for Older Adolescents Program; [ 23 ] ORDERS that the adolescent receive counselling/therapeutic services TAKING JUDICIAL NOTICE of his agreement; [ 24 ] RECOMMENDS that the adolescent benefit from psychological counselling TAKING JUDICIAL NOTICE of his desire to do so; [ 25 ] RECOMMENDS that the mother take steps to address her personal issues and report her progress to the Director of Youth Protection; [ 26 ] WITHDRAWS from the parents the exercise of certain attributes of parental authority regarding authorizations to travel, including a passport application, and GRANTS same to the Director of Youth Protection; [ 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 adolescent and his family; [ 28 ] ENTRUSTS the situation of the adolescent, 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 ] THE WHOLE until he reaches the age of majority, on [...], 2023. Signed on May 26, 2022 TAYA DI PIETRO, Q.C.J. Me Ivan Lazarov Attorney for the Director of Youth Protection Me Michelle Robidoux Attorney for the adolescent TD/vl