2020 QCCQ 14419, 2020 QCCQ 14419
Opinion
Protection de la jeunesse — 2010128 2020 QCCQ 14419 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 614-41-000602-203 DATE: December 8, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection A Applicant and X (Born on [...], 2003) Youth and A Mother and B Father _____________________________________________________________________ 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 ] On September 10, 2020, the judgment rendered by the Honourable Denyse Leduc, J.C.Q. ordered the placement of X in the Reception Center for a period of 3 months. [ 2 ] For the hearing the adolescent is present and represented by Mtre. Yan Massé. Mtre. Marie-José Ayoub acts on behalf of the father and Mtre. Adélia Ferreira for the applicant. The mother is not collaborative.
She received copy of the procedure and when reached by phone the day of the hearing, she stated that she did not want to attend. [ 3 ] The adolescent will turn 18 in October 2021. He presents special needs. [ 4 ] Most of the allegations are admitted by the adolescent himself and also some of them by the father.
These are the followings : [ 5 ] At first in the Reception Centre, the youth was leaving without telling of his whereabouts. [ 6 ] More recently, the behaviours of X in the Reception Center are generally good. [ 7 ] The youth had an appointment with a psychiatrist on November 19, 2020, but he refused to attend. [ 8 ] The youth continues his sessions with the psychologist even if he missed some of the appointments. [ 9 ] The youth expresses having difficulties sleeping at night. [ 10 ] The youth had one visit with the mother in Town A and two with the father in Town B and there were no negative behaviours reported. [ 11 ] The police investigation is still ongoing in relation with the disclosure made last spring. [ 12 ] Both the youth and the father are in agreement with the measures recommended by the Director of Youth Protection; mainly that X remains in the Reception Centre until the end of the school year. [ 13 ] X still needs professional help from a psychologist and with a psychiatrist.
[ 14 ] It is very important that the Director provides the right services to the youth in a timely matter as he will reach majority in less than a year.
FOR THESE MOTIVES, THE COURT: [ 15 ] GRANTS the application; [ 16 ] MAINTAINS that the security and the development of X, are still endangered ; [ 17 ] ORDERS the placement of the youth in the Reception Center until the end of the school year (June 2021) with reintegration if the situation allows it ; [ 18 ] ORDERS that X attend school regularly and continue meeting with professionals providing help to him; [ 19 ] AUTHORIZES the Direction of Youth Protection to obtain and share information with any other service providers working with the family ; [ 20 ] ORDERS the youth and the parents to collaborate with the Director of Youth Protection; [ 21 ] ORDERS that all services needed by the situation of the teenager be provided to him especially for the impact of sexual abuse and past trauma ; [ 22 ] ORDERS that aid, counselling and assistance be provided to the youth and his family until the youth reaches the age of majority; [ 23 ] ORDERS the parents to attend parenting workshops and counselling sessions with the youth; [ 24 ] ORDERS to any peace officer to collaborate to the execution of the Court order if requested to do so by the Director of the Youth Protection or one of his representatives ; [ 25 ] ENTRUSTS the situation of the youth to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q .
Mtre. Adélia Ferreira Ferreira Lempicka attorneys Attorney for the applicant Mtre. Yan Massé Centre Communautaire Juridique A Attorney for the youth Mtre. Marie-Josée Ayoub Ayoub Avocats Inc Attorney for the father Date of hearing: December 8, 2020
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