r v. A, 2010 QCCQ 17793

Protection de la jeunesse — 106800 2010 QCCQ 17793 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 640-41-001313-102 DATE: December 13, 2010 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.Q.C. ______________________________________________________________________ IN THE MATTER OF : X , born on […], 1996 [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection for the A of Health and Social Services A, working in city B, district A, province of Quebec Petitioner v.

A , residing and domiciled in city B, district A, province of Quebec Mother and B , unknown address Father ______________________________________________________________________ JUDGMENT (Sections 38 an 75, Youth Protection Act, R.S.Q. c.

P-34.1 ) ______________________________________________________________________ [ 1 ] The Court has been submitted with a motion for protection under sections 38 and 75 of the Youth Protection Act [1] , concerning X, born on […], 1996. [ 2 ] The parents and the teenager acknowledge the fact that she displays serious behavioural disturbances. [ 3 ] The mother who is the main caregiver for her daughter is overwhelmed by the situation. The father keeps in touch with his daughter but his situation is unstable.

He is unable to meet the needs of his daughter, especially for a structured environment. [ 4 ] The Court, based on the admissions of the parties, must declare that the security and development of the youth are in danger under

section 38 (

f) of the Youth Protection Act because she displays behavioural disturbances to such an extent that her psychological integrity is undermined. [ 5 ] The applicant recommends the placement in a rehabilitation centre for a period of six (6) months. In his report, [social worker 1], Youth Protection Worker, underlines the necessity to undergo treatment at A Treatment Centre and receive professional support for drug problems, but also because she is at a high risk of endangering herself through suicide.

She needs a safe environment with professional help, where she can be monitored at all times. [ 6 ] The C.L.S.C. worker, [social worker 2], assisted the youth in completing the application for Treatment Centre A.

The parents are willing to support their daughter and to participate whenever their presence is required during the program. [ 7 ] According to the evidence on the applicable measures, the Court considers appropriate to order a placement in a rehabilitation centre for a period of six (6) months, with a possible reintegration with the mother after three (3) months, if the situation allows. [ 8 ] As mentioned previously, the youth will go to the A Treatment Centre as soon as possible. Before her admission to the program, she will be allowed to stay at her mother's place for a period of 15 days.

During this period, the rules and structure will be set by the Youth Protection Worker to ensure the safety of the teenager until her departure. The situation will have to be closely supervised by the Director of Youth Protection. [ 9 ] FOR ALL THE ABOVE-MENTIONED REASONS, THE COURT: [ 10 ] GRANTS the petition; [ 11 ] DECLARES that the security and development of the youth are endangered under

section 38(

f) of the Act; [ 12 ] ORDERS the placement of the youth X, born on […], 1996, in a reception centre for a period of six (6) months, with the possibility of reintegration after three (3) months, if the situation allows;

[ 13 ] ALLOWS , under

section 62 of the Act, the youth to be at her mother's place for a period of fifteen (15) days; [ 14 ] ORDERS that the youth complete the process required to attend Treatment Centre A in city B; [ 15 ] ORDERS the youth to attend A Treatment Centre as soon as she is admitted; [ 16 ] ORDERS an assessment and a follow-up by a psychologist, if recommended by a professional and for as long as recommended by the professional; [ 17 ] ORDERS that visitation rights be supervised by the Director of Youth Protection; [ 18 ] ORDERS that aid, counsel and assistance be provided to the youth and her family for a period of twelve (12) months; [ 19 ] RECOMMENDS that the youth be followed-up by Mr.

Dennis Windigo, therapist, as long as recommended by the professional; [ 20 ] ENTRUSTS the situation of the youth to the Director of Youth Protection of the A of Health and Social Services of A, for the purpose of executing the present enactment. __________________________________ RENÉE LEMOINE, J.Q.C. Me Clara Lafrance Egervari For the youth Me Julie Auger For the mother Me Yan Massé For the father Me Robert-André Adam For the petitioner Date of hearing : October 14, 2010