2012 QCCQ 16909, 2012 QCCQ 16909

Protection de la jeunesse — 126402 2012 QCCQ 16909 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN OF […] Youth Division DATE: November 12, 2012 ______________________________________________________________________ BY THE HONOURABLE CLAUDE BIGUÉ, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: N°: 635-41-000275-096 X , born on […], 1997 ______________________________________________________________________ A AND B Parents and [SOCIAL WORKER 1] , authorized member of the Director’s staff for A Child and Youth Protection Centre Petitioner ______________________________________________________________________ JUDGMENT ON REVISION ( Sections 95 and 91 of the Youth Protection Act ) ______________________________________________________________________ [ 1 ] This is a petition pursuant to

section 95 of the Youth Protection Act [1] , concerning X, 15 years. The Director is making an application for a six (6) month foster care placement. [ 2 ] The mother is present and represented by a lawyer. The father is absent and not represented. ISSUES RAISED: [ 3 ] It is not contested that the youth’s situation is still in danger. [ 4 ] Most of the allegations are admitted. [ 5 ] The main issues to be discussed are the poor collaboration of the mother with the Director, and also the preparation of a life plan for the youth. THE FACTS: [ 6 ] The father is hardly involved in the youth’s life.

Only coming to A City twice a year, he cannot be involved in a long-term project with the youth. [ 7 ] The mother is absent two weeks per month, as she is working at [Company A]. She has irregular contacts with her daughter. [ 8 ] The collaboration of both parents with the Director is minimal. [ 9 ] Following the last Court order, the youth was placed at the A Centre in B City .

She has been living at the Rehabilitation Centre for a period of 22 months. [ 10 ] With the support of Youth Protection, the teenager was able to improve her behaviour at the Rehabilitation Centre. [ 11 ] X is now ready to be integrated into a foster family. In July 2012, the youth visited with a foster home in C city and it went well.

The Director needs a period of six months to elaborate a life plan with that family. [ 12 ] Judge Louis Legault had already mentioned that a life plan should be clarified fort the youth, in his decision rendered on March 27, 2012. [ 13 ] It is not possible for the youth to return with neither her mother nor father. The attachment bond between X and her family is poor. [ 14 ] X needs a well-structured and stable environment. [ 15 ] Then a six-month placement will be ordered to prepare a life plan for the youth. She will have to adapt to a new environment

and to create new ties with the foster family and with friends. [ 16 ] Other measures will be ordered. This judgement will apply for the next six (6) months. [ 17 ] X will also attend school and possibly find a job. [ 18 ] FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the petition. [ 20 ] REVIEWS the decision rendered by Judge Louis A. Legault on March 27, 2012. [ 21 ] DECLARES that the security and development of the youth X, born on […], 1997, are still in danger. [ 22 ] ORDERS the placement of X in a foster family for a period of six (6) months, in order to clarify a life project for her. [ 23 ] ORDERS that the youth, the mother and the foster family take an active

part in the application of the measures ordered. [ 24 ] ORDERS that a person working for an institution provide aid, counselling and assistance to the parents and to the youth for a period of six (6) months. [ 25 ] ORDERS that the youth attend school or another place of learning on a daily basis. [ 26 ] RECOMMENDS that the Director further any contacts between the youth, her mother and her siblings. [ 27 ] ORDERS that the police collaborate in the execution of this judgment. [ 28 ] ENTRUSTS the youth’s situation to the Director of Youth Protection for the purpose of executing the present judgment. [ 29 ] DECLARES that the measures will apply for a period of six (6) months. __________________________________ CLAUDE BIGUÉ, J.C.Q.

Me Gabriel Gaudreault For the petitioner Me Myriame Gaudreault For the youth Me Jacques Stuart For the mother Date of hearing: September 18, 2012