2012 QCCQ 10692, 2012 QCCQ 10692

Protection de la jeunesse — 121844 2012 QCCQ 10692 JC0B11 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 505-41-006605-119 DATE: February 16, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born : […] Child DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B Parents of the child ______________________________________________________________________ JUDGMENT ______________________________________________________________________ MISE EN GARDE : Dans le cadre de la

Loi sur la protection de la jeunesse , nul ne peut publier ou diffuser une information permettant d’identifier un enfant ou ses parents. Quiconque contrevient à cette disposition commet une infraction et est passible d’une amende. [L.P.J.

article 11.2.1 et 135]

[ 1 ] A motion for revision of a court decision is presented by the Director concerning the adolescent X, born on […]. [ 2 ] The motion alleges that the situation of the adolescent justifies a revision of the judgment pronounced on August 23, 2011 by the Honourable Justice Robert Proulx, for the reasons detailed in its paragraph 4.

The Petitioner recommends that the adolescent be entrusted to a reception center until September 30, 2012, as well as other measures of aid and assistance for 1 year. [ 3 ] The previous judgment provides that the adolescent be entrusted to a foster family for 6 months with a plan of reintegration with her mother, as well as other measures of aid, counsel and assistance for 1 year. [ 4 ] The Petitioner produces the reports on the analysis of the adolescent's social situation as evidence (pièces D-2, D-3 and D-4), in lieu of testimony and this, by consent. [ 5 ] The admissions of the parties as to the motion are noted in the Court record and they agree that it is necessary to revise and prolong the intervention of the Director of Youth Protection.

Both the mother and the adolescent are in disagreement as to the duration of the placement in a rehabilitation center, preferring that it correspond with the end of the summer. [ 6 ] After a relatively short period of stability in the foster home, the adolescent's behaviours deteriorate with episodes of agressivity, drug use and self-mutilation. [ 7 ] From October 19th to November 1st 2011, the adolescent is admitted to the Hospital A for psychiatric evaluation. She states hearing voices, having visual hallucinations and to having a desire to eat flesh.

X explains that the experiences of seeing and feeling spirits is culturally appropriate for her native background. [ 8 ] The evaluation concludes that X presents clinically significant depressive symptoms and is referred to the Hospital B program A for assessment and out-patient follow-up for youth at high risk for psychosis. A placement in a structured setting and an intensity of services are recommended to minimize the possibilities of psychotic behaviours in the future. [ 9 ] Following the adolescent's release from the hospital, she is entrusted to a rehabilitation center.

In the group A home, she adjusts relatively well and there are no major behavioural incidents noted. Various therapies and programs are put in place to attend to the various issues of concern (clinic A on sexual identity, Hospital B program A, program B). [ 10 ] Visits at her parents respective homes progress to being scheduled on alternating weekends.

The relationship with her mother remains conflictual and inconsistent, prompting X to often vacillate as to where she wants to reside. [ 11 ] The adolescent needs to be maintained in the structured and coherent environment of a rehabilitation center, in order to ensure the continuation of services and address the ongoing issues which still affect her security and development. [ 12 ] The Court considers it appropriate to target the placement until the end of the summer, therefore permitting the adolescent to be reintegrated progressively in her family setting before the commencement of a new school year and further ensuring the success of the eventual transition, without unduly impeding her schooling. [ 13 ] The Court determines that the security and the development of the adolescent are still compromised and that albeit the period of placement, the recommendations forwarded by the Director of Youth Protection are appropriate and in her best interests. [ 14 ] For those reasons, the Court: [ 15 ] DECLARES that the security and the development of the child are still in danger; [ 16 ] ENTRUSTS the care of the child to a reception center until August 24, 2012; [ 17 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and his parents for a period of one year; [ 18 ] ORDERS that all contacts between the child and her parents, and with Ms.

C, be upon agreement of all the parties; [ 19 ] ORDERS that the child, her parents and Ms. C report periodically to the DYP on the measures they take to put an end to the situation; [ 20 ] ORDERS that the parents and Ms.

C refrain themselves from denigrating each other in front of the child; [ 21 ] ORDERS that the child continues to attend her individual therapies and follow recommendations; [ 22 ] ORDERS that the child follow the recommendations of the professionals of Hospital A; [ 23 ] RECOMMENDS that the parents follow the recommendation of the professionals of Hospital A; [ 24 ] ORDERS that the child receives a follow up from the clinic A of Hospital A and follows recommendations of the professionals; [ 25 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures; [ 26 ] THE WHOLE for a period of one year except for the placement, which is until August 24, 2012.

__________________________________ BÉATRICE CLÉMENT, J.C.Q. Youth Chamber Me Marie La Roche Attorney for the Director Me Kathleen O'Meara Attorney for the mother Me Patrick Cormier Attorney for the father Me Jean-Pierre Gaudreau Child's attorney Date of hearing February 16, 2012