2016 QCCQ 9904, 2016 QCCQ 9904

Protection de la jeunesse — 164231 2016 QCCQ 9904 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-000509-015 DATE: July 4 th , 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X , born on […] 2000 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of youth protection of the A C.Y.P.C., working in City A, District A Applicant and A, residing and domiciled in City A, District A Mother and B, residing and domiciled in City A, District A Father ______________________________________________________________________ JUDGMENT (

section 95 of the Youth Protection Act , R.S.Q. c. P-34.1) ______________________________________________________________________ JL2340 WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Court is seized with a petition asking the revision of the judgment rendered on November 18 th , 2002, by Judge Guy Gagnon, J.C.Q., concerning the situation of X born on […], 2000. [ 2 ] Since, the child is placed in foster care until her majority because of the way of life of her adoptive parents.

Now, the Director of Youth Protection asks that the youth be placed in a Reception Center until December 23 rd , 2016, with reintegration in foster family where she will remain until her majority. [ 3 ] At the hearing, the youth and her mother are present, assisted be Me Nicolas Welt (youth) and Me Angela Tommasel (mother). Me Donald Bourget represents the petitioner.

The father is absent even if duly served. [ 4 ] The evidence, constituted by some admissions, the social worker testimony and report, reveals that X consumes regularly drugs and alcohol, has aggressive behaviour at home and at school, does not respect authority and does not attends school regularly. Before her school’s suspension, she ran away from the foster home where she evolved since last judgment.

She also displays inappropriate sexual behaviour. [ 5 ] On February 22 nd , 2016, she moved in a new foster family in City B but a month later, the foster parents asked for her removal because of her behaviour problems. [ 6 ] On March 17 th , she integrated in a new foster family in City A but she ran away in the following days. [ 7 ] On March 30 th , 2016, the mother disclosed the social worker that the youth almost collapsed due to extreme hunger. [ 8 ] On April 6 th , a report was done to the social worker that the youth was intoxicated at well-known drug house in the community.

Since that event, the youth is placed in a Reception Center on provisional measures.

[ 9 ] The parents of X care for her but admit they are unable to control her behaviour. Thy still have the same issues that greatly affected their parental capacity.

CONSIDERING THE EVIDENCE, THE COURT: [ 10 ] GRANTS the petition; [ 11 ] DECLARES that the security and development of X, born on […], 2000, are still endangered; [ 12 ] ORDERS her placement in a Rehabilitation Center until December 23 rd , 2016, with reintegration in a foster family where she will remained until her majority; [ 13 ] ORDERS the Director of Youth Protection to supervise the contact between the youth and her parents as for frequency and modalities; [ 14 ] ORDERS the parents to remain sober in presence of the child; [ 15 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and her parents until her majority; [ 16 ] ORDERS the Director of Youth Protection to provide the services of an educator for six months to the youth when she will reintegrate a foster family; [ 17 ] ORDERS the police to cooperate in the execution of this order; [ 18 ] ENTRUSTS the situation of the youth to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ Denyse Leduc, J.C.Q.

Me Nicolas Welt For the children Me Donald Bourget For the applicant Me Angela Tommasel For the mother Date of hearing: May 25, 2016