2017 QCCQ 17367, 2017 QCCQ 17367

Protection de la jeunesse — 177509 2017 QCCQ 17367 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-025174-111 Date: September 1, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2000 [Social Worker 1] , duly authorized by the Director of Youth Protection A Youth and Family Centres Applicant -and- A , the mother (deceased) -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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of September 1, 2017, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision of an order rendered by the undersigned, on December 3, 2015, whereby the now sixteen year-old adolescent, X , was entrusted to a rehabilitation center for a period of three months with a reintegration into foster care as of December 4, 2015 with aid, counsel and assistance, until he reaches the age of majority, on […], 2018. [ 3 ] The facts alleged in support of the Application for revision dated June 19, 2017, are as follows: 3.1. in or around the beginning of March 2016, the adolescent integrated the foster home of Ms.

C and Mr. D; 3.2. the adolescent adjusted well to his placement; 3.3. the adolescent has continued to receive regular medical follow-up; 3.4. the adolescent has refused to engage in a therapeutic process; 3.5. more recently, there has been a deterioration in the adolescent and the foster parents’ relationship, more particularly but not restrictively in that:

a) the adolescent has expressed no longer being happy being in this foster home;

b) the issue of the adolescent’s girlfriend has led to conflicts between the adolescent and the foster parents;

c) the foster parents have also been going through certain personal difficulties which have made them less available regarding the adolescent;

d) both the foster parents and the adolescent agree that he should leave their home at this time; 3.6. for the past two years, the adolescent has been receiving tutoring for school from Ms. [Social Worker 2], [Center A] volunteer;

3.7. since that time, the adolescent and Ms. [Social Worker 2] have established a stable relationship of trust; 3.8. given the difficulties in the foster home, the adolescent has identified the home of Ms. [Social Worker 2] as an alternate living environment; 3.9.

Ms. [Social Worker 2] is willing and able to ensure the adolescent’ care; 3.10. the adolescent continues to not want any contacts with his father; 3.11. the father has had no involvement with the adolescent and with Social Services since the last court order (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent be entrusted to a new foster home, with aid, counsel and assistance, as well as additional corrective measures, until he reaches the age of majority, on […], 2018. [ 5 ] The adolescent’s mother is deceased. [ 6 ] The father, though duly served, failed to appear for the hearing without any explanation.

Consequently, the Court proceeded in his absence. [ 7 ] The adolescent, assisted by Me Piriou, denied refusing therapy, admitted all the other facts alleged in support of the application and consented to the proposed measures. [ 8 ] With the consent of the parties, the new foster parent, Ms. [Social Worker 2], was also present at the hearing. [ 9 ] The Director filed Exhibit D-3 as evidence: D-3: Court Report, prepared by [Social Worker 1], dated August 11, 2017. [ 10 ] In

summary, the evidence establishes the necessity of a new foster placement for the adolescent who was entrusted to Ms. [Social Worker 2]’s care on June 14, 2017. [ 11 ] As described in the Court report , he is doing well in her care: X has settled well into the care of Ms. [Social Worker 2]. He appeared much calmer. He continues his training in Jujitsu and Karate and goes to the gym on a regular basis. X got a job to work in Telemarketing and is in the process of finalizing the hiring process. X was able to follow the routine at Ms. [Social Worker 2]’s home and has been accountable for his whereabouts.

He sees his girlfriend regularly. Ms. [Social Worker 2] and X are planning to go for vacation from August 12-19 in a cottage. [2] [ 12 ] Both X and Ms. [Social Worker 2] agree that the entrustment continue until the adolescent reaches the age of majority. [ 13 ] He is however encouraged to benefit from counselling given the significant losses he has sadly experienced: This worker has discussed the need for X to receive therapy with both X and Ms. [Social Worker 2]. X is open to the idea of receiving therapy.

Ms. [Social Worker 2] is going to explore the resources in her neighborhood. [3] [ 14 ] Under the circumstances, given the evidence and the consent expressed by the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the application; [ 16 ] 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: [ 17 ] ORDERS that the adolescent be entrusted to Ms. [Social Worker 2] TAKING JUDICIAL NOTICE that she is recognized as a foster home; [ 18 ] ORDERS that the frequency and modality of contacts between the adolescent and his father be determined by the Director of Youth Protection, taking into account the best interest and wishes of the adolescent; [ 19 ] WITHDRAWS certain attributes of parental authority from the father and AUTHORIZES the Director of Youth Protection to sign any consents required for the adolescent’s medical, educational, recreational and travel needs, including his passport; [ 20 ] ORDERS that the adolescent benefit from all necessary health care services, more particularly psychological counselling/therapeutic services, as soon as possible; [ 21 ] STRONGLY RECOMMENDS that the adolescent continue to participate in extra-curricular and recreational activities; [ 22 ] AUTHORIZES the Director of Youth Protection to exchange pertinent information with treating professionals working with the adolescent regarding participation and attendance;

[ 23 ] ORDERS that a person working for A Youth and Family Centres provide aid, counsel and assistance to the adolescent and his family; [ 24 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection A Youth and Family Centres, who shall then see that the measures are carried out; [ 25 ] THE WHOLE until he reaches the age of majority, on […], 2018. TAYA DI PIETRO, Q.C.J. Me Sym-Anthony Davis Attorney for the Director of Youth Protection Me Sylvie Piriou Attorney for the adolescent TD/vl