2013 QCCQ 2309, 2013 QCCQ 2309

Protection de la jeunesse — 13145 2013 QCCQ 2309 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 610-41-000238-048 DATE: January 7, 2013 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 1996 [SOCIAL WORKER 1] , technician in social work, exercising her profession at the Centre Jeunesse of A, having a place of business at […] in City A , district A (Quebec) […] A , residing and domiciled at […] in City B , district A (Quebec) […] Mother and B , residing and domiciled at […] in City C (Province A) […] Father ______________________________________________________________________ JUDGMENT (Sections 95 (1) and (2) and 75, Y.P.A. , R.S.Q. chap.

P-34.1) ______________________________________________________________________ [ 1 ] This written judgment follows the oral statement given by this Court at the end of the audience of November 15, 2012. [ 2 ] The Director of Youth Protection asks the Court to revise and extend the decision of Judge McKenna rendered on December 10, 2009. By this order Judge McKenna entrusted the youth to a foster family until majority. [ 3 ] On October 17, 2012, Judge McKenna orders a provisional compulsory foster care of the youth in a rehabilitation center for a period of 30 days.

She extends this measure for another period of 30 days. [ 4 ] Today the applicant asks the Court to extend for another six months the youth's placement in a rehabilitation center. [ 5 ] The youth is present and represented by a lawyer and she admits to all the allegations of the motion but doesn't agree with the applicant's recommendations. She asks the Court to be entrusted to the care of his foster parent, Mr. C who is ready to take her back at any moment chosen by the Court. [ 6 ] Mr.

C who is the foster family's father is also present. [ 7 ] This audience was scheduled to proceed on November 14 and was postponed to the 15. On November 14, both parents were absent although they were duly served. The mother told the applicant that she would come in Court but it was a lie. Actually she was afraid to get arrested because of a pending arrest warrant. Concerning the father he told the applicant that he couldn't afford to take the bus and would try hitchhiking.

He never showed up. [ 8 ] Considering the whole evidence and the best interest of the youth the Court orders to proceed without the parents. [ 9 ] The Court considers that following the admissions and the testimonies heard there is preponderant evidence of the following facts. [ 10 ] The situation has not improved since the last revision. [ 11 ] The youth is 16 years old. She was attending a secondary school in [school A] in grade 11. [ 12 ] She is well settled in with her foster family as she is living there since an early age.

However she begins to behave as such a way as to repeatedly and seriously undermine her physical and psychological integrity. [ 13 ] The youth is no more getting along with her foster parents. She doesn't respect them and is disobedient and disrespectful toward them. Numerous times she comes home from school high and using cannabis at school. [ 14 ] She skips school weekly and her grades have suffered and she is no more an honour student. [ 15 ] She is suspended from school for being caught using cannabis on school property. [ 16 ] She is hitchhiking with a friend that she is not supposed to hang out with.

She is caught shoplifting and stealing from her foster

parent's wallet. She has a carefree attitude. [ 17 ] From June 26, 2012 to August 21, 2012 she is entrusted to a rehabilitation center. She begins to show some improvement. On August 23, she returns to live at home. She agrees to sign a provisional contract that she will not use drugs or alcohol or she will return to the center for a six months period. [ 18 ] As soon as September 14, she starts to fall back into her old habits. She is caught drinking alcohol again.

Because of her drinking she receives consequences. [ 19 ] On October 4, without authorization the youth doesn't return to the foster family after school and they ignore her whereabouts. She is picked up by the Director of Youth Protection A and brought home. [ 20 ] On October 5, the youth is met to discuss the incident and to remind her the rules that she has to follow if she wants to be maintained in her foster family. [ 21 ] On October 15, she is caught along with three other girls drinking alcohol in the girls bathroom at school.

She is suspended four days from school. [ 22 ] On October 17, Judge McKenna entrusts the youth to a rehabilitation center for 30 days. The youth admits to all the allegations of the applicant's motion. [ 23 ] According to the educator at Centre Jeunesse A in City D, since her arrival in the unit the youth is respecting the rules and what they ask from her most of the time. She can continue her schooling in City D if the Court decides to send her there. [ 24 ] The youth says to her educator that she doesn't drink a lot and doesn't have a major problem with alcohol. [ 25 ] Mr.

C the youth's foster parent is ready to take her back home. She lives with them for eight years now. [ 26 ] He expects from the youth that she will conform to the rules set out for her, do her homework and chores and that she will stay away from people who have bad influence on her. [ 27 ] The youth says she wants to go back in her foster family. She says that she has learned not to repeat the same mistakes. She is ready to obey her foster parents. [ 28 ] The situation of the parents has not improved since the last revision.

The most recent information regarding the father's location places him in incarceration since July 2012, in City C, Province A. He has been in contact with de Director of Youth Protection worker for updates concerning her daughter's well being. He is not very present in his daughter's life. He continues to use drug and alcohol. [ 29 ] The mother also continues to battle with her drug and alcohol addictions. However she has monthly contacts with her daughter when she is sober.

Their relationship is good. [ 30 ] There is no risk that the youth will be returning with either one of her parents any time in the near future. [ 31 ] Even if the evidence shows some improvement in the youth's behaviour the Court concludes that the youth is still fragile and that it is to soon for a return in her foster family. [ 32 ] On August 23, the youth returned to live at home after a stay at the rehabilitation center.

This return has not been successful. [ 33 ] The Court considers that a four months placement is sufficient to allow the youth to address her personal issues. [ 34 ] Also the Court authorizes the Director of Youth Protection to allow the youth to stay in her foster family during her placement for periods of more than 15 days if the youth's situation allows it. The Court authorizes the Director of Youth Protection to start the youth's reintegration in her foster family at any moment chosen by him.

For these reasons the Court: [ 35 ] Grants partly the present petition; [ 36 ] Maintains that the situation of X , born on […], 1996, is still compromised as declared in the last judgment; [ 37 ] Entrusts the youth to a rehabilitation center for a period of four months with a gradual reintegration in the foster family if the situation allows it; [ 38 ] Authorizes the Director of Youth Protection to start the reintegration of the youth in her foster family at any moment he will decide if he considers that the youth's situation allows it; [ 39 ] Authorizes the Director of Youth Protection to allow the youth to stay in her foster family during the compulsory foster care for a period of more than 15 days if he considers that the youth's situation allows it; [ 40 ] Maintains all the previously Court orders that are still pertinent; [ 41 ] Orders that the contacts with the youth and her parents and also with her foster family be supervised by the Director of Youth Protection as for the length, frequency and modalities during the youth placement at the rehabilitation center; [ 42 ] Orders that any police body to collaborate for the purpose of executing this enactment;

[ 43 ] Entrusts the youth's situation to the Director of Youth Protection for the execution of the present judgment. __________________________________ Josée Bélanger, J.C.Q. Me Julie Lemire, attorney for the Director of Youth Protection Me Peggy Warolin, attorney for the youth Date of hearing: November 15, 2012