2010 QCCQ 19726, 2010 QCCQ 19726

Protection de la jeunesse — 107372 2010 QCCQ 19726 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Chamber » DATE : December 23, 2010 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : N° : 635-41-000289-097 X 1994-[...] [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the C.Y.P.C.

A, Quebec, district A Applicant And A, residing and domiciled in town A, Quebec , district A Mother And B, residing and domiciled in town A, Quebec, district A Father ______________________________________________________________________ JL2340 JUDGMENT (Section 95 (par. 1) Y.P.A. , chap. P-34.1 R.S.Q. ) [ 1 ] Mrs [social worker 1], authorized delegate of the Director of Youth Protection of the C.Y.P.C. A, seizes the Court with a motion to review the last decision rendered on April 13, 2010 by Judge Daniel Bédard concerning X, born on [...], 1994.

She asks for the prolongation of X's placement in a reception centre for a period of four months. [ 2 ] At the hearing, the youth and her parents were present. Me Denis Trottier represents the youth, Me Marie-Claude De Gagné, the father, and Me Wolfgang Mercier-Giguère, the petitioner. The mother is not represented. [ 3 ] The parties admit the allegations and agree with the recommendation. A revision report and a psychological evaluation are filed. [ 4 ] Evidence reveals that since the last judgment, X was placed at the Centre A in [province A] because of her serious behaviour problems.

She came in visit three times since April. On the first visit, she was involved in a fight and found past out with alcohol by the police. She was then brought at her aunt's place, but she ran away again. When they found her, she was placed at the group home. As she was still out of control the following day, she was brought to the hospital. [ 5 ] At the reception centre, X had hard time to follow the rules. She challenged the workers authority. [ 6 ] As mentioned by the psychologist, she just begins to create bounds with the foster mother. She presents high average of hostility issues.

She functions within at least, the borderline deficit range in terms of non-verbal reasoning abilities. Within the

behavioural domain, she presents some evidence of depressive tendencies. [ 7 ] She needs to receive substantial and concrete learning exposure, to be exposed to basic elementary skill development in regard to reading and writing, to be exposed to areas of strength involving, to develop gradually social relationship with one or two people at a time and to receive substantial reinforcement to raise her confidence and self-esteem.

She needs to be monitored in terms of mood behaviour and where about to minimize suicide risks. [ 8 ] With all these observations, the psychologist recommends that X remains with her foster parents at the reception centre. [ 9 ] X's parents are still not able to offer her a structured home. The father is in jail until December 13 for conjugal violence and the mother relapsed and started drinking again. She has to meet with the CLSC worker and to pursue her post-treatment program regarding alcohol consumption.

The parents do not have regular contact with the youth. [ 10 ] Parents have to develop parental capacities and be in a position to offer structures and guidance to their daughter. They must take an active

part in the social follow-up and change their way of life. [ 11 ] Considering the youth's needs and the parents' skills, they all need more time.

In the next months, X will continue to receive specialised services as she requires. [ 12 ] Considering the parties' agreement, [ 13 ] FOR THESE MOTIVES, THE COURT : [ 14 ] GRANTS the petition; [ 15 ] DECLARES that the security and development of X are still in danger; [ 16 ] ORDERS the placement of X in a reception centre for a period of four months; [ 17 ] ORDERS the Director of Youth Protection to provide the youth all the medical and psychological services needed; [ 18 ] ORDERS a psychological follow-up for X for the duration required; [ 19 ] ORDERS the Director of Youth Protection to supervise the visit rights and access of the youth to her parents; [ 20 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and her parents for a period of one year, starting October 19, 2010; [ 21 ] ORDERS the parents to collaborate actively with the social worker and to report in person at least twice a month to the Director of Youth Protection to inform him of the current situation; [ 22 ] ORDERS any police officer to collaborate in the execution of the present enactment; [ 23 ] ENTRUSTS the youth’s situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Wolfgang Mercier-Giguère, attorney for the applicant Me Marie-Claude De Gagné, attorney for the father Me Denis Trottier, attorney for the youth Date of hearing : October 19, 2010