2011 QCCQ 18926, 2011 QCCQ 18926

Protection de la jeunesse — 117715 2011 QCCQ 18926 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N o : 610-41-000516-112 DATE: November 21, 2011 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X , born on […], 1995 MRS [SOCIAL WORKER 1], person exercising her profession at the Centre jeunesse A having a place of business at […] in Town A, district A, […] Petitioner and MRS A, residing and domiciled at […] at Town B, district A, […] Mother and MR B, residing and domiciled at […] in Town C, [Province A], […] Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A. , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] Mrs [Social Worker 1] , delegate of the Director of Youth Protection A, asks the Court to declare the security and development of X, 16 years old, compromised with regard to

section 38

c) and

f) of the Youth Protection Act . [ 2 ] At the hearing, the parents are present. The youth is present and represented by Me Jean-François Lacasse. Me Julie Lemire represents the petitioner. [ 3 ] The parties admitted most of the allegations as proven and acknowledged that they wanted aid and counsel because of the serious behavioural problems of X.

The evidence tendered includes the admissions, the testimonies of the mother, the father, the youth and the social worker. [ 4 ] The Court has preponderant evidence that since the parents' separation, the mother has the legal custody of the youth and that the relationship between the mother and the youth is difficult. [ 5 ] X behaves in such a way to seriously undermine her physical and psychological integrity. Sometimes, the mother got aggressive towards her. [ 6 ] Even if voluntary measures were signed last April 2011, the behavioural problems of X remain.

She consumes drugs, hangs around with young adults who influence her negatively, ran away from home, is physically and verbally aggressive when annoyed. [ 7 ] She ran away on August 30, 2011 and was found on September 17 in [Province A]. Since she is entrusted in a reception centre. [ 8 ] Now, the youth acknowledges her problems and realizes she needs re-education services. Also, she agrees to be evaluated by a psychologist and receives services if needed. [ 9 ] The parents are overwhelmed by her serious problems. They agree with her placement at the reception center. [ 10 ] A social study is filed.

The social worker is of the opinion that the youth needs a very structured setting where she can learn to cope with structure, rules, guidance, frustration and compromise. [ 11 ] A period of three months in a rehabilitation centre is appropriate if the youth maintains her collaboration as she does now. [ 12 ] Considering the whole evidence, [ 13 ] FOR THESE MOTIVES, THE COURT:

[ 14 ] DECLARES that the security and development of X are in danger with regard to

section 38

f) of the Youth Protection Act ; [ 15 ] ORDERS the placement of X in a reception centre for a period of three months; [ 16 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and her parents for a period of one year; [ 17 ] ORDERS the Director of Youth Protection to proceed of a psychological evaluation of the youth in a short delay, and thereafter, that a therapy be offered to the youth; [ 18 ] TAKES notice that the youth will not contact in any way C for a period of one year; [ 19 ] TAKES notice that the youth is ready to attend school for the whole year; [ 20 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 21 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Julie Lemire, attorney for the petitioner Me Jean-François Lacasse, attorney for the youth Date of hearing: October 11, 2011