2012 QCCQ 16023, 2012 QCCQ 16023

Protection de la jeunesse — 123265 2012 QCCQ 16023 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division N o : 640-41-001255-105 DATE: April 25, 2012 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born […], 1997 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., Town A, Quebec, district A Petitioner and A , residing and domiciled in Town B, Quebec, district A Mother ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) Y.P.A. , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] [Social Worker 1], delegate of the Director of Youth Protection of the A C.Y.P.C., asks the Court to review the last Court decision rendered on April 18, 2011 by Honourable Lise Gagnon. She ordered X's placement in a foster home A for one year. Now, the Social Worker asks the prolongation of this placement for a period of 24 months. [ 2 ] At the hearing, the mother is absent, but represented by Me Angela Tommasel.

Me Yan Massé represent the youth and Me Robert-André Adam the petitioner. [ 3 ] Following the admissions, the testimony, the revision report of the Social Worker and the report of the Residential treatment services, the Court has evidence of the following facts. [ 4 ] The mother still displays alcohol related problems. Her situation has not improved during the last year. She is still unable to provide a secure environment for her son. Even when he came on visits during the year, X was not able to stay with his mother because she was unable to remain sober.

Now, she recognizes that she cannot take care of him and agrees that it is better for him to stay in his foster family in [Province A], where he receives services. [ 5 ] The youth needs such services for his behavioural problems. He is impulsive, always struggling with the respect of rules and bullying issues. He presents symptoms consistent with a reactive attachment disorder.

Without the highly structured environment, X would regress quickly and resort to his old devices such as an antisocial and depressive behaviours and the use of drugs and alcohol in order to cope with his difficulties. [ 6 ] Evidence reveals that X needs more time in the structured foster home and help in order to internalize the proper decision making process.

It is only after learning this process that it will be possible for him to be reintegrated in a foster home in his Northern community. [ 7 ] Considering the evidence and the youth's interest, [ 8 ] FOR THESE MOTIVES, THE COURT : [ 9 ] GRANTS the petition; [ 10 ] DECLARES that the security and development of X are still in danger; [ 11 ] ORDERS the placement of X in a foster family for a period of two years with possibility of reintegration in a foster family in his community if the situation allows it;

[ 12 ] ORDERS the Director of Youth Protection to supervise the contacts and visits of X and his family in terms of conditions, frequency and duration; [ 13 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and his mother, if she requests them, for a period of two years; [ 14 ] ORDERS that every effort be made to maintain cultural activities and family links for the youth; [ 15 ] ORDERS any police officer to collaborate in the execution of the present Court order; [ 16 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Robert-André Adam, attorney for the petitioner Me Angela Tommasel, attorney for the mother Me Yan Massé, attorney for the youth Date of hearing: April 3, 2012