2013 QCCQ 7677, 2013 QCCQ 7677

Protection de la jeunesse — 132755 2013 QCCQ 7677 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No. 640-41-000844-057 DATE: April 29, 2013 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.Q.C. ______________________________________________________________________ IN THE AER OF: X, born on […], 1998 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, district A, province of Quebec Applicant and A , residing and domiciled in City A, district A, province of Québec Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ I - INTRODUCTION [ 1 ] The Court is seized of a petition under sections 95 and 75 of the Youth Protection Act to review the situation of the youth X, born on […], 1998. [ 2 ] The petition is not contested by the mother or the youth.

They both agree with the recommendation to entrust the youth to his aunt, Ms. B, for a period of six (6) months in order to build a life plan. II – ANALYSIS [ 3 ] On May 24, 2012, the Honourable Lise Gagnon J. declared that the security and development of the youth were still in danger. Mainly because the youth presents with serious behavioural disturbances and also considering the fact that the mother does not improve her personal situation. [ 4 ] Since the last Court order, the mother went to a treatment center to deal with her addictions to drugs and alcohol. She stayed for one day before she dropped out.

She claims that she does not have any addiction problems. [ 5 ] The mother has not received any counselling for her personal issues, despite the recommendation of Dr. Joseph Beltempo, who suspected depression and personality disorder and recommended a psychiatric follow-up. [ 6 ] The youth, X, is a bright young man who succeeded in improving his behaviour in a rehabilitation centre. He has learned to respect authority and has gained maturity over the past year. [ 7 ] According to the psychologist, Dr. Joseph Beltempo, X has experienced multiple traumas in his life.

The youth feels alone, he has lost family and his close friend, and the relationship with his mother and his brother is difficult. He needs to be supported to rebuild a positive social environment. [ 8 ] He needs a stable and supportive environment, which he has at his aunt's house.

This environment answers his needs and gives him the support to understand that he has a family behind him. [ 9 ] For all these reasons, the Court believes that the measures recommended by the Director or Youth Protection are in the best interest of the youth. [ 10 ] FOR ALL THESE REASONS, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] REVIEWS the decision rendered on May 24, 2012; [ 13 ] DECLARES that the security or development of the youth, X, born on […], 1998, continues to be in danger;

[ 14 ] ENTRUSTS the youth to his aunt B for a period of six (6) months in order to build a life plan; [ 15 ] ORDERS that the mother’s access and visitations rights be exercised under the supervision of the Director of Youth Protection; [ 16 ] ORDERS the mother to seek help for her personal and addiction issues; [ 17 ] ORDERS that the mother attend counselling for as long as recommended by the professional; [ 18 ] ORDERS that aid, counsel and assistance be provided to the youth and his mother for a period of six (6) months; [ 19 ] ORDERS that the youth attend school on a regular basis; [ 20 ] ORDERS the Director of Youth Protection to authorize medical treatment and care of the child, as well as travel, school and social activities.

Try to reach the mother to obtain her authorization in case of difficulty; [ 21 ] ORDERS that the mother collaborate with the Director of Youth Protection; [ 22 ] ORDERS any police body to collaborate in the execution of this order; [ 23 ] ENTRUSTS the situation of the youth to the Director of Youth Protection, who shall see that the measures are carried out. __________________________________ RENÉE LEMOINE, J.Q.C. Mtre. Yan Massé For the youth Mtre. Angèle Tommasel For the mother Mtre. Marianne Gagnon Bourget For the applicant Date of hearing: January 22, 2013