2016 QCCQ 8423, 2016 QCCQ 8423

Protection de la jeunesse — 163738 2016 QCCQ 8423 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-026983-130 Date: May 6, 2016 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 May 6, 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 undersigned, on August 28, 2015, whereby the now seventeen year-old adolescent, X , was entrusted to foster care with aid, counsel and assistance, until she reaches the age of majority, on [...], 2017. [ 3 ] The facts alleged in support of the Motion for revision dated March 7, 2016, are as follows: 3.1. the adolescent has been doing well in the care of Ms. B; 3.2. the adolescent has been respecting the rules and routine of Ms.

B; 3.3. the adolescent has continued to attend school; 3.4. the adolescent has been focused and motivated to continue to do well in school; 3.5. the situation of Ms. B’s younger children has been signaled to the Director of Youth Protection; 3.6. following the evaluation, the security or development of the children was declared compromised in reason of neglect; 3.7. the resource department has closed the foster family of Ms. B; 3.8. the elements that were reported to the Director of Youth Protection concerning Ms.

B’s younger children do not affect the adolescent negatively; 3.9. the adolescent wants to remain residing with Ms. B; 3.10. Ms. B is in agreement for the child to reside with her; 3.11. the mother is in agreement for the child to continue residing with Ms. B (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent be entrusted to the care of her mother, taking judicial

notice that she will reside independently with aid, counsel and assistance, as well as additional corrective measures, until she reaches the age of majority, on [...], 2017. [ 5 ] The mother, assisted by Me Shapiro Knight, admitted most of the alleged facts and consented to the proposed measures. [ 6 ] The adolescent, assisted by Me Hamel, admitted of the majority the facts alleged and also consented to the proposed measures. [ 7 ] The Director filed Exhibit D-1 as evidence: D-1: Court Report, signed by [Social Worker 1], dated April 29, 2016. [ 8 ] In

summary, the evidence establishes that the reasons for which the foster family has been closed have no bearing on the adolescent’s situation and all the parties agree that it is in her best interest to continue to reside with Ms.

B. [ 9 ] She is, however, strongly encouraged to take active steps to improve her relationship with her mother who appears to be as supportive as possible of her daughter’s wishes. [ 10 ] 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: [ 11 ] GRANTS the motion; [ 12 ] 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: [ 13 ] ORDERS that the adolescent be entrusted to the care of the mother; [ 14 ] TAKES JUDICIAL NOTICE that the mother is in agreement for the adolescent to live independently; [ 15 ] ORDERS that the mother continue refrain from all form of physical and verbal aggression and emotional rejection towards the adolescent; [ 16 ] RECOMMENDS that both the adolescent and the mother benefit from individual counselling services; [ 17 ] STRONGLY RECOMMENDS that the mother and the adolescent participate in family therapy; [ 18 ] TAKES JUDICIAL NOTICE of the mother’s willingness to participate; [ 19 ] RECOMMENDS that the adolescent be encouraged to participate as well; [ 20 ] ORDERS that a person working for [center A] provide aid, counsel and assistance to the adolescent and her family; [ 21 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 22 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 23 ] THE WHOLE until she reaches the age of majority, on [...], 2017.

TAYA DI PIETRO, Q.C.J. Me Nadia Sabik Attorney for the Director of Youth Protection Me Robert Hamel Attorney for the adolescent Me Judith Ann Shapiro Knigh Attorney for the mother

TD/vl