2013 QCCQ 8454, 2013 QCCQ 8454

Protection de la jeunesse — 131776 2013 QCCQ 8454 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division NO: 640-41-000452-018 DATE: February 14, 2013 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services of A PETITIONER AND X Born on [...] YOUTH AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act , chap.

P-34.1 R.S.Q .) ______________________________________________________________________ [ 1 ] The Director of Youth Protection submits a motion to review the situation of X who is fifteen years old. On March 4, 2003, the placement of X in a foster family until the age of majority was ordered by the Court. [ 2 ] M e Daniel Ouellette acts on behalf of the youth. The father is present, but does not want to be represented by counsel. M e Marianne Gagnon-Bourget represents the petitioner. The mother is absent. She has not been involved in her daughter's life for many years now. She could not be reached.

No one knows exactly where she lives in City A . She sometimes calls X , but these calls are not regular. On December 17 2012, X spoke with her mother on the phone and she informed her that her situation was going to be brought to court again. So, the mother is fully aware that a motion concerning X is presented today. [ 3 ] The petitioner and the youth ask to proceed in the absence of the mother. The Court agrees to do so.

X admits the following facts: − The mother is currently living in City A ; − The parents are not regularly involved in her life; − She displays behavioural problems such as alcohol and drug consumption, not respecting the authority or her curfew; − On October 24, 2012, she ran away; [ 4 ] As for the father, he admits the same facts and he adds that he has tried to do as much as he could to be involved in X 's life. He says that he has not quit smoking marijuana, but he has not consumed since November.

He also states that he wants to take steps in order to get help regarding drug consumption. [ 5 ] At the beginning of December, X started a treatment in City B . This treatment is planned for a period of four months. X is very proud of the steps she has taken, and so is her father. [ 6 ] Before her placement under provisional measures, X 's behavioural problems escalated. In City B , she participates well in the program and very good remarks are made by the professionals.

She really wants to put an end to her consumption problem. [ 7 ] The father is in a stable relationship and he has two children, who are seven and six years old, with his new spouse. His spouse has been sober from drugs and alcohol for more than five years.

[ 8 ] Both the father and X would like to present a motion to review the decision rendered by judge Bédard in 2003 and to be allowed to live together again. The Court informs the parties that the only request it has to decide today is the review of the previous Court order for the period of the treatment program in City B . If X and/or her father want to review the previous Court order, they will have to present their own motion.

In order to do so, the Court asks the Director of Youth Protection to assess the whole situation, and precisely: the relationship between X and her father, the relationship between X and her father's spouse, the relationship between X and her foster family, and X 's personal situation as well as the father's personal situation. [ 9 ] All the parties agree today that the Court reviews the previous Court decision and they all agree with the recommendations of the petitioner. [ 10 ] Therefore, the Court: [ 11 ] GRANTS the motion; [ 12 ] REVIEWS the decision rendered on March 4, 2003; [ 13 ] ORDERS that X be entrusted to the City B Treatment Centre for the entire period of the treatment which is four months; [ 14 ] ORDERS that X takes an active

part in the plan offered by the professional workers of the treatment centre and ORDERS her to follow their recommendations; [ 15 ] ORDERS X to respect the rules of the treatment centre; [ 16 ] ORDERS that the Youth Protection Worker maintain a weekly contact with X ; [ 17 ] RECOMMENDS that the father contact X on a regular basis; [ 18 ] ALLOWS X , during Christmas time, to be at her father's place during the day and to spend the night at her foster family's until December 26, except for December 20, where she will spend the night at the reception centre; [ 19 ] ORDERS X to follow the rules established by her father and her foster family during Christmas time; [ 20 ] ORDERS that X be back at the treatment centre on December 26, 2012; [ 21 ] ORDERS the Director of Youth Protection to assess the situation of X , the situation of the father, the relationship between them, and the relationship between X and the father's spouse as well as the relationship between X and her foster family; [ 22 ] ORDERS that access rights with the mother be supervised by the Director of Youth Protection as for the frequency and the modalities, after having consulted the father; [ 23 ] MAINTAINS all other measures rendered by Judge Daniel Bédard on March 4, 2003; [ 24 ] ORDERS any police force to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 25 ] ENTRUSTS X 's situation to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

M e Marianne Gagnon-Bourget Lawyer for the petitioner M e Daniel Ouellette Lawyer for the youth Mr. B Father Date of hearing: December 20, 2012