2011 QCCQ 18678, 2011 QCCQ 18678

Protection de la jeunesse — 117602 2011 QCCQ 18678 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-000844-057 DATE: December 21, 2011 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection A , working in city A Applicant and X , born on […], 1998 Teenager and A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The applicant in this case is asking for the situation of X , born on […], 1998, to be reviewed following past judgments, the most recent dating March 13, 2007. [ 2 ] Then, Honorable Justice Daniel Bédard, J.C.Q., had ordered the placement of the youth till majority. [ 3 ] Now, at the hearing, both son and mother are present and represented by counsel. [ 4 ] The applicant is basically requiring that the foster home placement be suspended for a period of six months.

During that time, X will be entrusted to a rehabilitation centre before going back to the foster family. [ 5 ] The youth is purely and simply against the measure.

As to the mother, she considers that it would be appropriate if it were for a shorter time. [ 6 ] From the admissions and the evidence, the Court notes the following essential elements. [ 7 ] As already mentioned, in 2007 the Court ordered a placement till majority on the basis that the mother was going through major problems that she was unable to overcome and where she could not reasonably take charge of her son. [ 8 ] Many placements followed the order. Indeed, the youth sustained 37 transfers.

In some cases, he moved back and forth for different reasons while, in other cases, he changed foster homes. [ 9 ] From the second half of the past summer, the behaviour of the youth deteriorated to such a point that the foster home where he was placed considered that it was no longer possible to keep assuming responsibility. [ 10 ] Concretely, X was no longer abiding by the rules and the authority of the foster home, he showed inadequate behaviours, for instance, he got involved, on a few occasions at least, in serious criminal offences. [ 11 ] Furthermore, following an intervention related to such an incident, he would have said that he wanted to commit suicide. [ 12 ] On that basis, emergency measures were applied and the youth has been staying at a rehabilitation centre since then. [ 13 ] There is no doubt in the mind of the Court that measures must be taken now to stop this kind of behaviour and avoid harm that could not be undone. [ 14 ] It appears indeed that a timely placement in a more structured environment is the most likely measure for the youth to make effective changes in his behaviour.

[ 15 ] With regard to the length of the placement, the Court considers that a period of six months is not excessive and that earlier reintegration could take place if the situation allows. [ 16 ] Based on the seriousness of the facts presented to the Court, this time period is deemed appropriate. [ 17 ] FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security or development of the teenager is in danger; [ 20 ] ORDERS the placement of the teenager in a reception centre for a period of six months starting November 8, 2011, with gradual reintegration into a foster family if the situation allows; [ 21 ] ORDERS that the mother’s access and visitation rights be exercised under the supervision of the D.Y.P. as for the frequency; [ 22 ] ORDERS that all other conclusions remain in force unless obsolete; [ 23 ] ENTRUSTS the situation of the teenager X to the D.Y.P. who shall see that the measures are carried out. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q.

Me Stéphane Lachance Cain Lamarre Casgrain Wells Lawyers for the applicant Me Sarah Plamondon Lawyer for the teenager Me Michel Solomon Lawyer for the mother Date of hearing: November 8, 2011