2012 QCCQ 17739, 2012 QCCQ 17739
Opinion
Protection de la jeunesse — 126915 2012 QCCQ 17739 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N o : 640-41-000426-004 DATE: November 26, 2012 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 1999 MR [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, Town A, district A Petitioner and MRS A, residing and domiciled in Town A, Quebec, district A Mother ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) Y.P.A. , chap.
P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] Mr [Social Worker 1], delegate of the Director of Youth Protection A, seizes the Court with a petition in revision of the last judgment rendered on February 7, 2006 by Honourable Judge Daniel Bédard concerning the situation of X, 13 years old. He asks for a placement in a reception centre until the end of June 2013 with reintegration in a foster family where she is placed until her majority. [ 2 ] At the hearing, the youth is present, assisted by Me Yan Massé.
The mother is present, represented by Me Claude Beaudet and Me Gabriel Gaudreault represents the petitioner. [ 3 ] The parties admit most of the allegations and agree with the recommendations. A revision report, an observation report, a letter from the psychologist and some medical notes are filed. [ 4 ] Evidence is given that X refuses to attend school and to respect authority. Since August 12, 2011, she displays behavioural problems and she had to be moved eleven times in new foster families. She talks about suicide and refuses any help from interveners.
The mother's situation remains the same and she is still unable to assume her child. [ 5 ] Provisionally, the youth was placed in a group home, and with such structured settings, she attends school regularly. She would like to have regular contacts and visits with her mother. Unfortunately, the mother lives in Winneway and she does not visit her daughter regularly. Her involvement in her daughter's life would motivate the youth and it would be positive.
The mother should try to be more collaborative and consistent. [ 6 ] In her social follow-up, attention will be offer to the mother to make sure she is regularly available to her daughter and that she will favour the youth's investment in the foster family. [ 7 ] Considering the evidence and the parties' agreement with the recommendations, [ 8 ] THE COURT : [ 9 ] GRANTS the petition; [ 10 ] DECLARES that the security and development of X are still in danger; [ 11 ] ORDERS the placement of X in a reception centre until the end of June 2013 (end of school year) with reintegration in a foster family where she will remain until her majority; [ 12 ] RECOMMENDS that the youth be placed in a group home if the evolution of her situation allows it; [ 13 ] ORDERS the Director of Youth Protection to promote and supervise the visit rights and access of the youth to her mother; [ 14 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and her mother if she
collaborates until the youth's majority; [ 15 ] ORDERS any police officer to collaborate in the execution of the present enactment; [ 16 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q. Me Gabriel Gaudrault, attorney for the petitioner Me Claude Beaudet, attorney for the mother Me Yan Massé, attorney for the youth Date of hearing: October 16, 2012
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