2018 QCCQ 16458, 2018 QCCQ 16458

Protection de la jeunesse — 187494 2018 QCCQ 16458 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000183-020 DATE: Oral decision: September 27, 2018 Written decision: October 4, 2018 ______________________________________________________________________ BY THE HONOURABLE MARIE-CLAUDE BÉLANGER, J.C.Q. ______________________________________________________________________ MRS [SOCIAL WORKER 1], exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at [...] Applicant -and- X, presently residing at [...] Adolescent -and- MRS A, domiciled and residing at [...] Mother -and- MR B, presently detained at Prison de Bordeaux at 800, Gouin boulevard West in Montreal, district of Montreal, province of Quebec, H3L 1K7 Father ______________________________________________________________________ JUDGMENT (Sec. 95 (1 and 2) and 75 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 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection asks the Court to review and extend a decision rendered on January 14, 2005, entrusting the adolescent to a foster family until she reaches the age of her majority. [ 2 ] The sole purpose of this review is to inform the Court that X is now attending college in Town A and request the withdrawal of certain attributes of parental authority to authorize her foster parents to sign the requested documents needed to complete her inscription at the college and eventually at a university. [ 3 ] X is now 17 years old.

She is mature and autonomous. She is dealing well with her new situation as a college student and with her new living arrangements. [ 4 ] She has been living with her current foster family for many years. She developed into a strong and healthy adolescent under their supervision and is still supported by them. [ 5 ] Her relationships with her parents are stable and significant. She has recently started to see her father on a more regular basis since he moved to Town B. [ 6 ] Both her parents are supportive of her decision to enroll to [College A].

They have her best interest at heart. [ 7 ] The mother, while duly served, was not present at the hearing. She lives in Town C and is presently in recovery for her substance abuse addiction. She sent a note to the DYP worker confirming her support in her daughter’s decision to study in Town A. [ 8 ] As for the father, he was served two days prior to the hearing, but waived the service delay. He presently is at the Bordeaux detention center. He is also supportive of his daughter’s decision, and is happy and proud of her. [ 9 ] X is focused on her studies as she wants to pursue them in the next few years.

After her college year, she intends to apply to a

university, either in Town A or Town D. She has a well-established plan for her future and her foster family is willing to support her until she is done with her studies. [ 10 ] She has a good and promising future ahead of her. It is in her best interest that she is allowed to pursue her college and university education.

FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] MAINTAINS that the security and development of the adolescent are still in danger; [ 13 ] MAINTAINS the order of placement in a foster family until her majority; [ 14 ] RECOMMENDS that the foster family be C and D; [ 15 ] TAKES JUDICIAL NOTICE of the fact that the adolescent will be living in Town A [province A], while she attends college there, and that she intends to pursue her studies at a university; [ 16 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and AUTHORIZES C and D to sign all the parental authorizations that the adolescent may need while she studies in any college or university; [ 17 ] MAINTAINS all other measures ordered by judge Gilles Gendron in his decision dated January 14, 2005, which are still compatible with the present Court order; [ 18 ] RECOMMENDS that the Director of Youth Protection favors contacts with her sister Y if the situation allows it; [ 19 ] ORDERS that the parents remain sober at all times during the visits; [ 20 ] ENTRUSTS the adolescent’s situation to the Director of Youth Protection for the execution of the present decision. __________________________________ MARIE-CLAUDE BÉLANGER, J.C.Q.

M e Julie Lemire Lemire, Gaouette & Martel Centre intégré de santé et de services sociaux Lawyer for the D.Y.P. M e Caroline Daniel Legal Aid Lawyer for the adolescent Date of hearing: September 27, 2018