2012 QCCQ 19183, 2012 QCCQ 19183

Protection de la jeunesse — 128323 2012 QCCQ 19183 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN OF A «Youth Division»

N° : 505-41-006621-116 DATE : February 16, 2012 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on [...], 1997 [INTERVENANTE 1] , in capacity authorized person by the Youth Protection Director Declarant and A, B, Parent of the child and LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE, JUDGMENT Section 95(1) of the Youth Protection Act [ 1 ] The Court is seized of a motion for revision of a Court decision under section 95(1) of the Youth Protection Act. [ 2 ] In the support of the procedure, the petitioner acting for Youth Protection Director asks the revision of the Court order rendered on September 27 th , 2011 for the following new facts. [ 3 ] On September 27 th , 2011, a decision was ordered that the child be entrusted to a foster home for a period of one year. [ 4 ] On October 21 st , 2011, the foster home of C asked for X's transfer because she showed physical aggression (shut the door in an aggressive manner), was disrespectful toward her and some house rules and she was isolating herself constantly in her room and thus wasn't communicating with her. [ 5 ] Before her departure from C's foster home, the child has asked to be transferred of this foster home and wanted to be entrusted to D foster home. [ 6 ] On October 25 th , 2011, the child integrated D's foster home.

Her functioning was satisfactory although she spent most of her time travelling to city A to visit her mother. Until the beginning of November 2011, X was sleeping over her mother's home in city A. [ 7 ] On November 8 th , 2011, while the child was under the supervision of her mother, she and her mother visited one of her mother's friend. Her mother and her friend got drunk and the child was sexually abused by this male friend.

The child has pressed charged against her mother's friend. [ 8 ] Since that event, the child wasn't authorized to sleep at her mother's home, only visiting hours was permitted. [ 9 ] The child's maternal grand-father, E, has accepted to supervise contacts between the child and her mother from December 24 th to December 26 th 2011 and also every Saturday night.

[ 10 ] On January 8 th , 2012, the child came back at the foster home at 11 o'clock at night and, following an argument, she was disrespectful toward the foster's mother and other youth that stay in this foster home.

The child disrupted the entire household, she was verbally aggressive, she threatened another girl of hitting her, she was at the merge of being physically aggressive with other girls, she overreacted when the foster home refused to let her sleep at her family friend's place, F. [ 11 ] Considering that the child was out of control and that the foster's mother has confirmed with F that the child could sleep over at her place for the night, X went to sleet to F's home. [ 12 ] F is a family friend. She has known the child since she is one (1) year old.

She is aware of the adolescent's situation and vulnerabilities and the family issues. [ 13 ] F wants to get involved in X's life. She has been collaborative with the workers. She is willing to receive help so to be able to offer the structure needed by the child. [ 14 ] The mother agrees that her daughter be entrusted to F. The child has not had contact with her father since the last Court order. The petitioner tried to reach the father in vain. [ 15 ] The father, although informed of the hearing are not present. The Court proceeded in their absence under

Article 77 of the Youth Protection Act. [ 16 ] The child, by attorney, admits most of the allegations of the declaration and agrees to the conclusions. [ 17 ] The mother, through attorney, admits all the allegations of the declaration and agrees to the conclusions. [ 18 ] By consentent of the parties, the following reports are filed: Rapport au Tribunal written by [Intervenante 1] dated February 8 th , 2012 as document D-2. [ 19 ] In view of the partie's admissions and the content of the reports filed by consent of the parties, the Court is satisfied that the proof has been made on all the allegations of the declaration and therefore: [ 20 ] GRANTS the present motion; [ 21 ] DECLARES that the security and the development of the child are still compromise; [ 22 ] ENTRUSTS the child to F; [ 23 ] TAKES ACT that F no longer lives with G, however, if G would visit F, the teenager should not be left alone in the presence of G; [ 24 ] ORDERS that a person working for an establishment of body provide aid, counsel and assistance to the child and family; [ 25 ] ORDERS that the contacts between the child and his parents be under nn agreement between the parties; [ 26 ] ORDERS that the child and the parents take an active

part in the application of the measures to correct the situation and more particularly that they engage themselves in the intervention plan of the Director; [ 27 ] ORDERS that the child receive all the care required, including a psychological follow-up; [ 28 ] ENTRUSTS the situation of the child to the Youth Protection Director for the execution of the measures ordered; [ 29 ] THE WHOLE until September 27, 2012; [ 30 ] THE WHOLE without costs. __________________________________ MIREILLE ALLAIRE, J.C.Q. Me Jean-Pierre Gaudreau Attorney for the child Me Marie-Ève Garceau Attorney for the declarant Me Pierre Lestage Attorney for the mother