2013 QCCQ 12346, 2013 QCCQ 12346

Protection de la jeunesse — 134146 2013 QCCQ 12346 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N°: 525-41-010931-012 DATE: September 11, 2013 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection A Youth and Family Centres Applicant - and - X Born on […], 1998 - and - A (deceased) - and - B (deceased) Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of September 11, 2013, in accordance with the requirements of

section 90 of the Youth Protection Act . [ 2 ] The Court was presented with a motion for revision of an order rendered January 14, 2013, entrusting the adolescent to a rehabilitation centre until April 14, 2013, and afterwards entrusting her to the foster home of Mr. and Mrs. C until her age of majority, along with other specific measures. [ 3 ] The principal facts alleged in support of the motion are the following: • The youth presents behavioural issues which currently prevent her from integrating the foster home of Mr. and Mrs.

C as per the last judgement; • The youth is often unaccountable for the time spent in the community; • The youth arrives at school late in the morning and returns to the group home late after school, with no information provided as to her whereabouts; • The youth has not engaged well in the program offered by A and has not respected some of the rules; • The youth has smoked cigarettes in her room at the group home; • On one occasion, the youth also smoked drugs in her room at the group home; • The youth has a negative influence on other youths at A; • During the month of February 2013, the youth ran away from the group home for one night and did not disclose where she spent the night; • The youth also struggles academically, not completing her assignments and had to be transferred to an Alternative School;

• The youth was recently transferred to A as it was felt she needs more structure that what is provided in a group-home setting; • The youth is responding well o the structure provided at A. [ 4 ] On May 21, 2013, the Court declared still compromised the security and development of the adolescent and rendered interim measures to the effect that the adolescent be entrusted to a rehabilitation centre until the hearing on the merits of the case. [ 5 ] The Director of Youth Protection recommends that the adolescent be maintained in a rehabilitation centre until December 31, 2013, with reintegration to her foster family during this period and that following this placement, the adolescent be entrusted to the foster family of Mr. and Mrs.

C until her age of majority. [ 6 ] The adolescent gives her consent to the measures recommended by the Director of Youth Protection. The adolescent wishes to reintegrate the foster family of Mr. and Mrs. C and says that it is where she belongs. The adolescent is currently in grade ten and wishes to pursue her studies in journalism. She states that she has made inquiries and both College A and University A give this program. [ 7 ] The Court also heard the testimony of [Social Worker 1], youth protection worker, and read the reports the Director filed as proof of the adolescent’s situation.

The evidence reveals that the behaviour of the adolescent has improved over the summer. X now spends four or five days in her foster family and comes home at a reasonable time after school.

However, it would be important for the foster parents and the adolescent to participate in a therapy in order to improve their communication. [ 8 ] Under the circumstances, it is in the adolescent’s best interest to be maintained in a rehabilitation centre until December 31, 2013, with progressive reintegration to her foster family during this period and that following this placement, the adolescent be entrusted to the foster family of Mr. and Mrs.

C until her age of majority. [ 9 ] THEREFORE, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] DECLARES still compromised the security and development of the adolescent, X; [ 12 ] ORDERS that the adolescent, X, be entrusted to a rehabilitation centre until December 31, 2013, with progressive reintegration to her foster family and that following this placement, the adolescent be entrusted to the foster family of Mr. and Mrs. C until her age of majority, September 20, 2016; [ 13 ] ORDERS that Mr. and Mrs.

C be authorized to sign all medical, educational, recreational and travel documents regarding the adolescent, including a request for a passport; [ 14 ] RECOMMENDS that the adolescent and the foster parents participate in a therapy in the community to address their issues of communication and relationship difficulties; [ 15 ] ORDERS that aid, counsel and assistance be provided to the adolescent until her age of majority, September 20, 2016; [ 16 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of A Youth and Family Centres, who shall see that the measures are carried out; [ 17 ] ORDERS the execution of the present order by any peace officer.

Signed September 16, 2013 Ann-Marie Jones, J.C.Q. AMJ/dg Me Sym Davis Counsel for the Director of Youth Protection Me Bernard Sepinwall Counsel for the adolescent

Date of hearing: September 11, 2013