2013 QCCQ 8455, 2013 QCCQ 8455

Protection de la jeunesse — 131777 2013 QCCQ 8455 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division NO: 640-41-001300-109 DATE: February 14, 2013 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services A PETITIONER AND X Born […] 2000 CHILD AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act , chap.P-34.1 R.S.Q .) ______________________________________________________________________ [ 1 ] The Director of Youth Protection submits a motion to review the situation of X, who is twelve years old.

In April 2011, the Court of Québec, presided by honourable Louis Legault, ordered the placement of X in a foster home until she reaches the age of majority. [ 2 ] For the hearing, X is present and represented by M e Daniel Ouellette. Both parents are present, but are not represented by counsel. M e Marianne Gagnon-Bourget represents the petitioner. [ 3 ] At the beginning of November, X was hospitalized at the A Hospital Center after the foster parents found a letter in which the youth threatened to commit suicide.

X was released from the hospital at the beginning of December and was transferred to the A Group Home. Dr. Amirali wrote a report concerning X in which she states: − Placement in a containing, structured environment highly recommended. Patient will need a consistent caretaker/intervenant attitude and can benefit from behavioral modifications/intermediary.

A long-term plan with (sic) have to be put in place for the patient with a primary intervenant that can help her create a therapeutic relationship for the years to come. − Patient's well-being is jeopardized by changing environment very often and by the lack of stability and the absence of therapeutic alliance . − Medication is not indicated at this point. − Psychotherapy interventions through art or music may be more appropriate for this patient initially in the therapeutic process. − Once there is some stability in the patient's life (within a year) patient could be re-evaluated (including I.Q. if not already done) to see how her needs are evolving and how they could be better met. [ 4 ] X, through her lawyer, admits that when she was living in foster family, she displayed behavioural problems such as: not respecting the rules, not attending school on a regular basis, and displaying suicidal ideas.

She is in agreement with the measures recommended by the petitioner. [ 5 ] Both parents testified and admitted that X displays behavioural disturbances. Basically, the situation of the parents remains the same. They still struggle with their alcohol related problems. Despite this fact, both parents remain interested in the situation of their child and state that they want the best for her. They are happy that she will receive help. [ 6 ] The Social Worker recommends that X be entrusted to a reception centre (group home) for the next six months. During these

six months, the Director of Youth protection will have to find a stable foster family who will be able to take care of X until the age of majority. As written by Dr. Amirali, stability is essential in X's situation.

She will need very structured foster parents with clear and coherent rules. [ 7 ] With the admissions made by the parties and the reports filed in evidence, the Court is of the opinion that the measures recommended are in the best interest of X. [ 8 ] Therefore the Court: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and the development of X are still endangered; [ 11 ] REVIEWS the last Court order; [ 12 ] ORDERS the placement of X, born on […], 2000, in a reception centre for a period of six months; [ 13 ] RECOMMENDS that this placement take place in the A Group Home; [ 14 ] ORDERS that a psychological follow-up be provided to X for as long as deemed necessary by the psychologist; [ 15 ] MAINTAINS all other conclusions rendered by the honourable judge Louis Legault on April 6 and 7, 2011, and more precisely, her placement in a foster family until she reached the age of majority; [ 16 ] ORDER any police force to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 17 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

M e Marianne Gagnon-Bourget Lawyer for the petitioner M e Daniel Ouellette Lawyer for the child Mrs. A Mother Mr. B Father Date of hearing: December 20, 2012