2017 QCCQ 9078, 2017 QCCQ 9078

Protection de la jeunesse — 173795 2017 QCCQ 9078 JA0940 QUEBEC COURT Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT [...] N° : 525-41- 030036-156 DATE : April 6, 2017 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on […], 2000 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother Respondent ______________________________________________________________________ JUDGMENT (Section 95 of the 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, 11.2.1 and 135 Y.P.A.). [ 1 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on April 6 th , 2017. [ 2 ] Mid-December 2016, the adolescent presents a motion to have the decision rendered by the undersigned on March 18 th , 2016 revised. The Director is recommending that the adolescent be entrusted to the care of Mrs. B until she reaches her age of majority. Mrs. B has been positively assessed as a foster family for the adolescent but the final approval has not yet been given. [ 3 ] The adolescent is in agreement with the recommendations made by the Director.

CONTEXT [ 4 ] As per the decision rendered in March 2016, the youth has been living in the foster family of Mrs. C. [ 5 ] Since November 2016, the adult son of Mrs. C has moved back home and a sentimental relationship has developed between the adolescent and the young man. Under these circumstances, Mrs. C can no longer continue to be recognized as a foster family for the adolescent. [ 6 ] An alternative suitable to both the adolescent and the Director has been explored. A family friend of Mrs. C has offered to foster the

adolescent and has accepted to undergo a foster family assessment. Although the final decision has not been made, Mrs. B has been approved and will soon be recognized as the foster family for the adolescent. [ 7 ] Otherwise, the situation of the adolescent has remained the same. X hopes to graduate from high school and join a hairdressing school. Despite the difficulties she has faced during adolescence, X has remained resilient. While she was happy living with Mrs. C, she understands that Mrs. C can no longer foster her and is in favor to be entrusted to the care of Mrs.

B. [ 8 ] The mother has been updated on the adolescent’s situation and chooses to remain uninvolved with the adolescent at his time. She reports nonetheless that she wants the best for X and that she hopes they will be able to have a relationship at some point. [ 9 ] At this time, the adolescent does not wish to have contacts with her mother but was advised to consider her options with her mother at a later time. [ 10 ] Under the circumstances, the Director has established that the security and development of the adolescent are still compromised.

The recommendations made by the Director after the youth has seized Court and requested revision of her court order meet the needs of the adolescent and are in her best interest. AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 11 ] DECLARES that the security and the development of the adolescent are still compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 12 ] ENTRUSTS the adolescent to the care of Mrs. B; [ 13 ] STRONGLY RECOMMENDS that Mrs.

B be recognized as a foster family as quickly as possible; [ 14 ] ORDERS that both mother and adolescent collaborate with the Director of Youth Protection; [ 15 ] RECOMMENDS to X to continue to avail herself of medical and community services to promote her general health, both physical and mental; [ 16 ] ORDERS that the frequency and modality of contacts between the adolescent and her mother be encouraged and determined by the Director of Youth Protection; [ 17 ] ORDERS that the frequency and modality of contacts between X and Mrs.

C be encouraged and determined by the Director of Youth Protection; [ 18 ] RECOMMENDS that X continue to pursue her education; [ 19 ] RECOMMENDS that Mr. [social worker 1] remain the worker involved in the situation of the adolescent; [ 20 ] WITHDRAWS from the mother the exercise of the attributes of parental authority pertaining to school issues, social life, extracurricular activities and outings; [ 21 ] GRANTS this exercise to the Director of Youth Protection; [ 22 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her mother; [ 23 ] ENTRUSTS the situation of the adolescent 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; [ 24 ] THE WHOLE until majority. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Isabelle Loranger Attorney for the Director of Youth Protection

Me Josselin Breton Attorney for the adolescent Date of hearing : April 6 th , 2017