2017 QCCQ 695, 2017 QCCQ 695
Opinion
Protection de la jeunesse — 1732 2017 QCCQ 695 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 614-41-000130-163 DATE: January 18, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2003 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services A, working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, residing and domiciled in Town A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 95 and 75 Y.P.A., R.S.Q. c.
P-34.1 ) ______________________________________________________________________ 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 ] Mrs [social worker 1], delegate of the Director of Youth Protection of the A Board of Health and Social Services A asks the Court to review the last judgment rendered on August 31, 2016 by Honourable Jacques Ladouceur, J.C.Q., concerning the situation of X, 13 years old. [ 2 ] She asks for the placement of the child in a reception centre for three months with reintegration in a foster family, where he will remain until August 31, 2017 as previously ordered. [ 3 ] At the hearing, the child and his mother are present, assisted by Me Yan Massé and Me Myriam Gaudreault.
Me Michel Grenier represents the father. Me Camille Champeval represents the applicant. [ 4 ] The evidence of the new facts in support of the revision is constituted of admissions by the parties, a revision report and the testimony of Mrs [social worker 1]. The parties agree with a short placement of three months at the reception centre with a reintegration in a foster family. [ 5 ] Since August 31, 2016, X is placed in a foster home, but his behaviour is deteriorating. He entered in people’s domiciles, and therein, stole from them. The purpose of those thefts were to purchase marijuana.
He uses marijuana regularly. [ 6 ] He missed lot of school without justification. At school, he does not respect the authority and displays behavioural issues. He was recently suspended because he punched another student and caused a bleeding nose. [ 7 ] The foster parent is overwhelmed with the child’s behaviour and no longer wants to continue caring for him. Last October 19, X got mad and threw an axe to his sister. He got mad at her because she was calling him names. He is very impulsive and aggressive. [ 8 ] The parents’ situation remains the same.
They do not have a stable home and did not attend therapy yet. [ 9 ] Considering the serious problems developed by the child, he needs re-education services in a structured setting at least for three months. FOR THESE MOTIVES, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and development of X are still in danger;
[ 12 ] ORDERS the placement of X in a reception centre for three months with reintegration in a foster family where he will reside until August 31, 2017; [ 13 ] ORDERS the Director of Youth Protection to supervise the contacts between the child and the parents (frequency and modalities); [ 14 ] ORDERS that the parents complete a substance abuse treatment program; [ 15 ] ORDERS the parents to ensure that the child is not expose to any individual abusing of drugs and alcohol during visits; [ 16 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and his parents until August 31, 2017; [ 17 ] ORDERS the parents and the child to collaborate with the Director of Youth Protection and to meet with the social worker upon request; [ 18 ] ORDERS that the Director of Youth Protection be authorized to obtain and share information with all services providers working with the family; [ 19 ] ORDERS any police officer to collaborate with the execution of the present enactment; [ 20 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.
Me Camille Champeval Attorney for the applicant Me Myriam Gaudreault Attorney for the mother Me Michel Grenier Attorney for the father Me Yan Massé Attorney for the child Date of hearing: December 7, 2016
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