2011 QCCQ 13247, 2011 QCCQ 13247

Protection de la jeunesse — 114983 2011 QCCQ 13247 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division N o : 635-41-000279-098 DATE: October 4, 2011 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 1996 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A C.Y.P.C., Quebec, district A Petitioner and A, residing and domiciled in Town A, Quebec, district A Mother and LE CURATEUR PUBLIC DU QUÉBEC, […], ville B, Québec, […] Interested

partie ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) Y.P.A. , chap. P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] Mrs [Social Worker 1], delegate of the Director of Youth Protection A C.Y.P.C., seizes the Court with a petition in revision of the judgment rendered on November 27, 2009.

She asks for X's placement in a reception centre for six months, and after, her reintegration in a foster family where she is placed until her majority. [ 2 ] The mother and the youth are present at the hearing, represented by Me Marie-Claude De Gagné and Me Denis Trottier.

Me Alexandre Cimon represents the petitioner. [ 3 ] The parties made some admissions and the evidence is completed with the testimonies of the social worker and the educator from the group home. [ 4 ] A revision report is filed. [ 5 ] Even if her placement in a foster family until majority has been ordered previously, the youth wants to return with her mother. The mother's position is that she agrees with the placement in a reception centre for the next six months.

She would like to assume eventually her daughter, but she is permanently unable. [ 6 ] As the social worker was recently appointed in the file, the behavioural problems of X were described by the educator. The youth has been provisionally placed there in July and she observed that she does not respect authority and rules, does not have autonomy, has poor corporal hygiene and consumes drugs and alcohol. When she was in a foster family, she had to be changed twice because of her unacceptable behaviour.

She did not respect curfew, was not attending school, ran away, was consuming alcohol, sniffed gas and also took pills she had stolen. [ 7 ] The youth needs a very structured environment and also needs counselling. She has been previously evaluated by Dr Beltempo, a psychologist, and would need a therapy because of her « anxiety stemming from feelings of abandonment and fear of rejection ».

He recommended at the time, in 2009, a follow-up by a very sensitive female counsellor in order to giver her an opportunity to express a lot of the deep-seated emotions. [ 8 ] It is urgent that such services be provided to her. [ 9 ] Considering the evidence, [ 10 ] FOR THESE MOTIVES, THE COURT : [ 11 ] GRANTS the petition;

[ 12 ] DECLARES that the security and development of X are still in danger; [ 13 ] ORDERS the placement of X in a reception centre for a period of six months with reintegration in a foster family until her majority; [ 14 ] ORDERS the Director of Youth Protection to provide the youth all medical and psychological services and therapy she needs; [ 15 ] ORDERS the Director of Youth Protection to supervise the mother's visit rights and access; a minimum of one visit every two months for three days; [ 16 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and her mother until her majority; [ 17 ] MAINTAINS all other conclusions previously ordered and still applicable; [ 18 ] RECOMMENDS the Commission des droits de la personne et des droits de la jeunesse to investigate the present situation; [ 19 ] ORDERS any police officer to collaborate in the execution of the present judgement; [ 20 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Alexandre Cimon, attorney for the petitioner Me Marie-Claude De Gagné, attorney for the mother Me Denis Trottier, attorney for the youth Date of hearing: August 30, 2011