2023 QCCQ 8483, 2023 QCCQ 8483
Opinion
Protection de la jeunesse — 232688 2023 QCCQ 8483 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000070-161 DATE : MARCH 15 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2007 Child and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A , Applicant and A, deceased, Mother Undeclared father . JUDGMENT
Article 95 al. 1 - Youth Protection Act [ 1 ]
JG1314 The Director of Youth Protection (Director) submits an application for a review of the decision rendered on June 16 th , 2022, entrusting the child to a rehabilitation center for a period of nine months and authorizing the reintegration to the mother after six months if the situation allows along with supporting measures including aid, counselling and assistance for a period of one year. [ 2 ] The Director asks the Court to order that the child remain entrusted to a rehabilitation centre for a period of six months and to authorize his integration in a foster home in four months if the situation allows it. [ 3 ] The mother is deceased. [ 4 ] M e Wylde on behalf of the child makes a general admission of all the alleged facts.
The child understands that he needs to work on him and to improve his behaviors. M e Wylde told the Court that the child has a goal which is to keep on going on the right path. He consents to the measures. [ 5 ] The evidence reveals the following facts. The child will turn 16 years old on next [...]. [ 6 ] Since the last judgment he remained in the rehabilitation centre. He continues to exhibit difficult behaviors, but he wishes to work on his behaviors and to improve his situation. [ 7 ] The child had a hard time.
His mother passed away in August 2022. [ 8 ] On September 9 th , 2022, he ran away from the rehabilitation center and stole a car. He was later found on the road and was arrested. [ 9 ] On October 11 th , 2022, after a home leave, he ran away from the taxi that was supposed to bring him back to Town B. [ 10 ] On November 8 th , 2022, he was found in Town C after hitchhiking from Town B. [ 11 ] During the child’s home leave for the Christmas Holidays, there were incidents of sneaking out at night and drinking.
The police had to assist the youth protection workers to ensure the child returned to the rehabilitation center at the end of the home leave. [ 12 ] The child recognizes that his behavior continues to require a structure setting. [ 13 ] [Social Worker 1], Youth protection worker, in her report [2] analyzes the situation in the following terms: The current perception of risk, the death of the mother is a highly stressful event for a bereaved child to endure. The child should be in a supportive environment to help them go through these hardships of learning to live without their parent.
It is a risk that the child will struggle with abandonment issues, considering that the father of the child is also not actively involved in their life. The child has expressed his feeling of not having anyone who cares for him. This feeling of rejection is a contributing factor to his behavior and emotional issues. The child has expressed suicidal ideation at times of distress. X is currently at the RC in Town B. He displayed serious behavioral disturbances. He is known to display aggressive behaviors towards his peers and adults, to abuse drugs, to have disruptive behaviors in school.
He was sexually abused in the past, has a history of suicide attempts and threats. He has apparently made some progresses at RC but continued to disrespect authority and had difficulties to maintain a routine. He also exhibited sexualized behaviors, running away, assault, self-h arm, suicidal threats, stole vehicle, hitchhiking, alcohol and drugs abuse. [ 14 ] The worker underlines the fact his behavior should be stabilized to promote his successful integration into a family setting either his own family or a foster family. [ 15 ] He should learn the importance to respect and follow the rules.
At the present time, he does not have a stable home. He has some contacts with his grandparents and other family members. [ 16 ] The goal and objectives of the measures is to ensure a stable environment for the child where all his emotional, physical and educational needs are met. [ 17 ] Given the whole evidence, the position expressed by the youth, the Court concludes that the recommendations are in the interest of the child. THEREFORE, THE COURT : [ 18 ] GRANTS the Application;
[ 19 ] REVISES the decision rendered on June 16 th , 2022; [ 20 ] DECLARES that the security and development of X born on [...], 2007 are still endangered under
section 38 ( b ) (1) iii. and 38 (
c) of the Youth Protection Act ; [ 21 ] ORDERS that the child be entrusted to a rehabilitation centre for a period of six (6) months ; [ 22 ] AUTHORIZES the child’s reintegration in a foster home in four months, if the situation allows it; [ 23 ] ORDERS that the frequency and modality of contacts between the child and the child’ family members be authorized and supervised by the Director of Youth Protection; [ 24 ] ORDERS that the child be provided counselling to address his personal related issues; [ 25 ] ORDERS that aid, counselling and assistance be provided to the child and the child’s family for a period of twelve (12) months, until March 15 th , 2024 ; [ 26 ] AUTHORIZES the Director of Youth Protection to share and obtain information with involved professionals in the situation of the child; [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection Youth protection for the execution of the present order. [ 28 ] The whole , until March 15 th , 2024. ___________________________________ LUCIE GODIN, J.C.Q.
M e Magdalena Lempicka Attorney for the Director of Youth Protection M e Fanny Wylde Advocate for the child Dates of hearing : March 15 th , 2023 Last exhibit: D-24
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