2012 QCCQ 15608, 2012 QCCQ 15608
Opinion
Protection de la jeunesse — 123283 2012 QCCQ 15608 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N o : 640-41-001453-122 DATE: May 16, 2012 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 1999 MR [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A, Quebec, district A Petitioner and MRS A, unknown address in Town A, Quebec, district B Mother ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) Y.P.A. , chap.
P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] Mr [Social Worker 1], duly authorized by the Director of Youth Protection A, seizes the Court with a petition in revision of the last judgment rendered on June 13, 2008 by Honourable Judge Guy Lecompte concerning the situation of X, 12 years old.
He asks for a placement at the reception centre for six months with reintegration in a foster family where he will remain until his majority, as previously ordered. [ 2 ] At the hearing, the youth and his mother are present, represented by Me Daniel Ouellette and Me Clara Egervari. Me Robert- André Adam represents the petitioner. [ 3 ] Even if the youth admits all the allegations, he disagrees with the recommendations.
The mother ignores most of them, but agrees that her son needs intensive re-education services. [ 4 ] Evidence is completed with a revision report and an observation report and the testimonies of the Social Worker and the Childcare Worker at the reception centre. [ 5 ] X still has personal issues such as aggressive behaviour, not respecting authority, suicidal behaviour and intentions. During his provisional placement at the reception centre, the Key Educator noticed that he also has problems with drugs use, rebellion and disobedience. [ 6 ] X often has a defiant behaviour that causes him trouble.
He can be very aggressive. He is unable to handle with his anger, in a healthy way. [ 7 ] He is very secret and does not talk about his pain. He is upset at his mother, but never talks about her. The mother is not involved in his life. He would need to meet with a psychologist to improve on his behaviour. [ 8 ] During the last years, the youth had to change of foster families on many occasions because of his behavioural problems. Last February 16, the police had to intervene because X was very aggressive and had suicidal ideations.
The foster parents were then overwhelmed. [ 9 ] During his provisional stay at the reception centre, the Key Educator makes him attend different group sessions, and since a few weeks, the youth just started to share in the group. He still needs to evolve in a very structured setting offering re-education services to modify his behaviour. As he is only 12 years old and to allow him to re-invest in the foster family where he was, a psychological evaluation should be done in a short delay and a follow up if needed, during his placement. [ 10 ] Considering the evidence and the youth's interest, [ 11 ] THE COURT :
[ 12 ] GRANTS the petition; [ 13 ] DECLARES that the security and development of X are still endangered; [ 14 ] ORDERS the placement of X in a reception centre for a period of six months with reintegration in a foster family where he will remain until his majority; [ 15 ] ORDERS that a psychological evaluation of X be completed in a delay of 45 days and that a follow up be available for him if needed; [ 16 ] ORDERS X to participate in programs related to anger management; [ 17 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and his mother for the duration of this judgment; [ 18 ] ORDERS any police officer to collaborate in the execution of the present Court order; [ 19 ] 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 Clara Egervari, attorney for the mother Me Daniel Ouellette, attorney for the youth Date of hearing: April 19, 2012
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