2013 QCCQ 12493, 2013 QCCQ 12493

Protection de la jeunesse — 133588 2013 QCCQ 12493 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 640-41-001007-076 DATE: August 7, 2013 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A Applicant -and- X, residing and domiciled in City A, province of Québec, district A Child -and- A, residing and domiciled in City A, province of Québec, district A Mother ______________________________________________________________________ JUDGMENT ( Sections 95 ( par. 1) and 75 , Youth Protection Act, R.S.Q c.

P-34.1 ) ______________________________________________________________________ [ 1 ] The Court is seized of a motion for revision under Sections 95 ( par. 1) and 75 of the Youth Protection Act concerning a judgement rendered on July 18, 2012, by the Honourable Judge Lise Gagnon concerning X, born on […], 1996. In her judgement, the judge entrusted the youth in a A Center (group home type) for a period of twelve (12) months, with the possibility of integrating a foster family after four (4) months if the situation allows it.

The youth was entrusted to the Group A of City A. [ 2 ] The applicant is requesting from the Court that the youth be placed in a A Center for a period of twelve (12) months, with a progressive reintegration in a foster family if the situation allows it. [ 3 ] The youth and the mother are both present and represented by their lawyer. They both agree with the recommendations. [ 4 ] The youth was placed in a foster home for the first time on October 13, 2004 at the age of seven. Her last placement in a foster home was with Ms. B who had expressed to receive the youth until she reaches her majority.

Unfortunately, on June 26, 2012, the foster mother indicated that she was unable to care for the youth as her behaviour was very difficult to manage. On that day, the youth was placed at the City A Group Home. [ 5 ] On March 4, 2013, the youth ran away from the Group Home for a period of three weeks. She was transferred to the Group A in City B.

During the month of May 2013, the youth ran away and came back under the influence of marijuana. [ 6 ] The youth admits that she is still displaying behaviour problems such as: • being verbally abusive and disrespectful; • not respecting the rules; • consuming alcohol and drugs; • making herself choke; • manipulating;

• suicidal ideations; • she wrote a suicidal letter after receiving the consequence by the Group A staff; • on June 16, 2013, the youth had suicidal ideations and assaulted an educator. [ 7 ] The mother denies still having problems with her consumption of alcohol and drugs. She says that she only drinks once a month when she gets some money and that she has no drug problems. She is currently staying in a man’s house, whose man is not her boyfriend.

She says that this man does not drink but smokes pot every day. [ 8 ] On June 26, 2012, while the mother was visiting her daughter in City B, the youth said her mother drank some vodka. On the mother’s return to City A, the police had to assist her as she had passed out in the plane. The local police department in City A reports that the mother was taken into detention to sober up about once a month since last Christmas. [ 9 ] The applicant reports that, when she visits the mother at her apartment, there is strong smell of marijuana, at the point that she has to leave because it has an effect on her.

This happened four of five times during the last month. [ 10 ] The mother arrived the day before the hearing and asked her daughter to come with her to visit a friend of her. At that place, both of them consumed some marijuana that was given to them by the said friend, all this in the knowledge of the mother.. [ 11 ] The youth still displays serious behaviour problems and the evidence shows clearly that the mother cannot receive her daughter.

FOR THE ABOVE REASONS, THE COURT: GRANTS the motion; REVISES the decision or order rendered on July 18, 2012 by the Honourable Judge Lise Gagnon; DECLARES that the security or the development of X, born on […], 1996, continues to be in danger; ENTRUSTS the youth to a A Center for a period of twelve (12) months with progressive reintegration in a foster home if the situation allows it; ORDERS that the youth receive psychological support; ORDERS that the contacts between the youth and her family be determined and supervised by the youth protection in the interest of the youth; ORDERS that a person working for an institution or body provide aid, counsel and assistance to the youth and her family for a period of eighteen (18) months; ENTRUSTS the situation of the youth to the Director of Youth Protection A., who shall see that the measures are carried out; ORDERS the police to collaborate in the execution of this enactment. __________________________________ Marc E.

Grimard, J.C.Q. M e Gabriel Gaudreault Counsel for the applicant M e Myriame Gaudreault Counsel for the child M e Angèle Tommasel Counsel for the mother Date of hearing: July 16, 2013