2018 QCCQ 3782, 2018 QCCQ 3782

Protection de la jeunesse — 181 2018 QCCQ 3782 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 614-41-000064-156 DATE: January 5, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2004 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother and MR B, deceased Father ______________________________________________________________________ JUDGMENT (Section 95 Y.P.A., R.S.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 ] The Director of Youth Protection A asks the Court to review the decision rendered on May 24, 2017 by Honourable Judge Lucille Chabot concerning the situation of X, 13 years old.

The social worker asks for the youth’s placement in a reception centre for a period of nine months. [ 2 ] At the hearing, the youth and her mother are present, assisted by Me Yan Massé and Me Marie-Josée Ayoub. Me Adélia Ferreira represents the applicant. [ 3 ] The youth and her mother admit most of the allegations. They agree with such placement in a reception centre, but disagree with the duration recommended. They rather a six-month placement. [ 4 ] The evidence reveals that X remained in the foster home of Mrs C until August 23, 2017.

Mrs C asked the applicant to remove the youth from her care because of her behavioural problems. The youth attended her maternal grandparents’ home on August 23, 2017. On September 14, the grandfather informed the social worker that he and his spouse were overwhelmed with this situation. [ 5 ] Since her arrival at her grandparents’ place, the youth’s situation continued to deteriorate. [ 6 ] Once, she remained out of her grandparents’ home for four consecutive nights. She was looked for by the police officers and the social worker. She was found at her boyfriend’s house.

He is an adult and the youth consumes alcohol and drugs with him. [ 7 ] She repeated the same on September 12 for two consecutive nights. [ 8 ] She does not attend school regularly and was suspended once because of her behaviour. [ 9 ] The mother was released from jail during the last months and she relapses into alcohol consumption. Even if she disapproves the relationship between her daughter and her boyfriend, she is unable to make her authority respected. [ 10 ] At the hearing, the youth declares that she was ready to attend therapy for her alcohol and drugs problems. Such treatment will last six months.

The youth intends to complete her admission forms soon and believes she might leave in January. She also acknowledges having suicidal thoughts and agrees to receive specialised help. [ 11 ] Delays are expected. After she complete the therapy, the youth must be able to reintegrate her family and school in the community to insure the success of the youth’s reintegration. The mother also needs to make significant changes in her life.

[ 12 ] Considering all the issues that have to work on, six months of placement would be too short and the minimum duration is as recommended, nine months.

CONSEQUENTLY, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of X are still in danger; [ 15 ] ORDERS the placement of X in a reception centre for nine months with a possible reintegration with the mother or in foster home; [ 16 ] TAKES NOTICE that the youth want to attend a detoxification treatment centre and RECOMMENDS that she attends such therapy centre in a short delay; [ 17 ] RECOMMENDS that the mother attend a drugs and alcohol treatment; [ 18 ] ORDERS that any access rights between the mother and the youth be supervised by the Director of Youth Protection as for the frequency and the modalities; [ 19 ] PROHIBITS the mother and the youth from consuming drugs or alcohol; [ 20 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and her mother for one year; [ 21 ] ORDERS the Director of Youth Protection to provide the youth a psychological follow-up; [ 22 ] ORDERS the youth and her mother to collaborate actively with the Director of Youth Protection; [ 23 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 24 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Adélia Ferreira Attorney for the applicant Me Marie-Josée Ayoub Attorney for the mother Me Yan Massé Attorney for the youth Date of hearing: December 5, 2017