2011 QCCQ 13588, 2011 QCCQ 13588

Protection de la jeunesse — 114740 2011 QCCQ 13588 JD 2182 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Court Division No: 760-41-003828-103 DATE: September 12, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LINDA DESPOTS ______________________________________________________________________ IN THE MATTER OF: X Born: [...], 1996 [SOCIAL WORKER 1] , in her capacity of authorized person by the youth protection director of Les Centres jeunesse A; Declarant -and- A , residing at [...], CITY A (Québec), district A; Parents of the youth -and- COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE; ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A motion for extension of a court decision is submitted to the court concerning the youth X, born on [...], 1996. [ 2 ] In support of the procedure, the director of youth protection asks the extension of order rendered on December 13, 2010. [ 3 ] Since the last court order, the youth has been maintain in the same foster family.

Between December 2010 and January 2011,

the youth and her mother have had a few contacts. Those contacts still present a major relational problems. [ 4 ] The mother rejects her daughter; such as she gave the bedroom of the youth to her fiancé's children forcing the youth to sleep on a sofa when visiting. The mother did not asked her daughter to play a role in her wedding however allowed the fiancé's children to be a part of it. [ 5 ] In February 2011, the mother said that she cannot take her daughter on the weekend because she is to busy planning her wedding and opening a daycare.

Also, she refused to take the youth even for one hour over the weekend living the youth feeling devastated. [ 6 ] Since February 2011, the youth and her mother have two contacts that were terrible. On February 26, the mother asked her daughter for fifteen dollars to pick her up, the youth refuses and the mother refused to pick her up. The following day, the mother asked her daughter for gas money and when she refused, the mother said; « get the fuck out of the car » and the mother forced her child out of the car.

After the aforementioned incident, the mother did not contact the foster family to see if her daughter had returned home safely. [ 7 ] When the social worker spoke with the mother regarding the incident, the mother said that she is overwhelmed and suggested to send her daughter to Nova Scotia to live with her maternal uncle. [ 8 ] The youth is an agreement with her mother's suggestion and during summer, she had the possibility to visit a few times her uncle in Nova Scotia. [ 9 ] The situation of the maternal uncle and his wife was evaluated by the youth protection director and it seems that this environment is appropriate to the youth. [ 10 ] The court is convinced that the security and development of the youth are still in danger because of a situation of psychological ill-treatment by the mother.

The recommendation to entrust the youth to her maternal uncle and his wife is appropriate and in her interest. [ 11 ] Considering the admissions and after the reading of the report, the Court is satisfied and therefore: [ 12 ] MAINTAINS the present motion; [ 13 ] DECLARES that the security and development of the youth X are still in danger; [ 14 ] REVISES the Court order rendered on December 13, 2010; [ 15 ] ENTRUSTS the situation of the youth X to the youth protection director of Les Centres jeunesse A for the execution of the measures until her majority [...], 2014; [ 16 ] ORDERS that the youth be entrusted to her uncle Mr.

B and her aunt Mrs. C; [ 17 ] ORDERS that aid, counsel and assistance be provided to the youth and her family; [ 18 ] THE WHOLE without costs. __________________________________ LINDA DESPOTS, J.C.Q. Catherine Boucher Véronneau Stagiaire pour le directeur de la protection de la jeunesse Me Béatrice Clément Procureure de l’adolescente Date of hearing: September 12, 2011