2011 QCCQ 9233, 2011 QCCQ 9233

Protection de la jeunesse — 113004 2011 QCCQ 9233 JG2189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] CITY [...] « Youth Division »

N o : 640-41-001262-101 DATE : April 20 th , 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.Q.C. ______________________________________________________________________ IN THE MATTER OF THE CHILD : X Born on […], 1995 [SOCIAL WORKER 1], person duly authorized by the Director of Youth Protection A, working in town A (Quebec), district A; Petitioner -and- A , residing and domiciled in town B (Quebec), district A; Mother -and- B , residing and domiciled in town C (Quebec), district A; Father -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE . ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection submits to the Court a motion for revision of a Court order rendered April 7 th , 2010 by Justice Jacques R.

Roy in which the Court entrusted X to a rehabilitation center until June 23 rd , 2010 and after that period, to be placed in a foster home until April 7 th , 2011. [ 2 ] Since the last Court order, the youth was fostered by her grandmother following her placement at the Group home. [ 3 ] At her grandmother's place, X displays behavior problems, and is moved to another foster home. Shortly after, X starts to make serious crises at school. She disrespects her teacher. She disturbs other students and becomes very little cooperative.

Even more preoccupying, X attempts suicide by swallowing pills. [ 4 ] In October 2010, X meets with a psychologist, Mr. Joseph Beltempo. He feels that X’s suicidal attempts are more impulsive than representative of how she feels about life in general. Shortly after meeting with the psychologist, X is found drunk in the street, mumbling and talking about dying. [ 5 ] The following weeks, X is suspended from school a second time for her negative attitude. A few days later, she states that

she hates her teacher and wants to fight with her. Again that day, X repeats she wants to die. [ 6 ] In November 2011, X recognizes that her mood is swinging up and down. X identifies the death of her grandmother as one of the triggers. From there, X accepts to talk about her grieving process. [ 7 ] In late November 2010, X makes serious threats to physically arm her teacher and kill her. She is put under arrest and released under conditions besides being suspended from school for one month.

A few days later, X breaches her conditions by hitting her teacher on the left arm. [ 8 ] On December 10 th , 2010, X finally admits using drugs on a regular basis. She says she has been using drugs since the age of 10 and cannot imagine her life without drugs. [ 9 ] In January 2011, X does not respect her curfew and is found drunk again. Her foster parents refuse to take her back home. She is temporarily sent to a foster place waiting for her placement in a reception center. But shortly after, X assaults another girl and is detained until her bail hearing on January 28 th .

The next day, she is entrusted to a Group home from where she is transferred to TOWN D, a reception center for […] in TOWN E. This is where X lives at the moment. [ 10 ] At the reception center, X has realized her life has been a roller coaster in the last year. X knows how difficult it is for her to stop taking drugs. At A Center, she ran away twice with another adolescent that was taking drugs.

She was sent in an intensive unit for seven days for her to realize the importance of making better decisions for her future. [ 11 ] Since then, the educator says that things are going better. [ 12 ] On the father's side, he has been very collaborative with the social worker. He cares a lot about his daughter. Unfortunately, today, he cannot be in Court because he is sick and the doctor did not agree for him to take the plane to come to the hearing. It is not because he does not care. [ 13 ] Over the last year and a half, the father has made significant efforts to improve his situation.

He has been abstaining from drinking alcohol during significant periods of time. A consultation of the TOWN C police records reveals that the father has not been arrested on violence or drinking charges during that same period, a totally different picture from previous years' police records. The father still consumes marijuana on a regular basis, but never in the house. The father has a new family that supports him. [ 14 ] The father still needs to be reassured regarding his parental capacities.

The father tries to be a better father but he knows that his previous neglecting and violent attitude toward X have affected her. The father respects his daughter's rhythm. He is ready to welcome X any time she will want to be with him. [ 15 ] In the next months, the plan will be to prepare the reintegration of X at her father's place, if the evolution of the situation allows it. [ 16 ] If for any reasons, X or her father are not yet ready for this reintegration, the Court asks the DYP not to precipitate this reintegration.

It might be better to take a little more time to be successful than doing it too quickly and come back to square one. [ 17 ] Since the wish of all the parties is for X to reintegrate her father's place, the Court will recommend that visiting rights between X and her father be encouraged in the next six months. THEREFORE, THE COURT : GRANTS the present petition; REVISES the decision rendered on April 7 th , 2010 by Justice Jacques R.

Roy; DECLARES that the security and the development of X are still in danger; ENTRUSTS X to a reception center for six (6) months with the possibility of reintegration with the father after four (4) months, in light of the evolution of the situation; ORDERS that X receive psychological support concerning her grief and her drug consumption; ORDERS that X and her father receive help regarding their relationship issue; ORDERS that both parents take an active

part in the application of the measures; ORDERS that the Director of Youth Protection provides aid, counsel and assistance to X and her family for a period of one (1) year; ORDERS that the police collaborate in the execution of this order; ENTRUSTS the situation of X to the Director of Youth Protection of the A, for the execution of this order. __________________________________ LISE GAGNON, J.Q.C.

Me Robert-André Adam Attorney for the DYP Me Jean-Claude Latraverse Attorney for the children Me Angèle Tommasel Attorney for the father Me Sarah Plamondon Attorney for the mother Date of hearing: April 20 th , 2011