2011 QCCQ 7255, 2011 QCCQ 7255

Protection de la jeunesse — 111761 2011 QCCQ 7255 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division NO: 640-41-001299-103 DATE: February 15, 2011 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.

C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A PETITIONER AND X Born on […], 1996 CHILD AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ [ 1 ] The Director of Youth Protection makes an application for the review of a decision rendered in September 2010.

At that time, the Court had ordered the placement of X in a foster family for a period of six months. [ 2 ] On October 5 th , X's situation was again reported to the Director of Youth Protection. [ 3 ] The parent's situation is still basically the same. They have not respected the last Court order. They admit almost all of the allegations of the petition and they agree with the recommendations of the Social Worker (long term placement). [ 4 ] During her placement in a foster family, X displayed behavioural disturbances. She did not comply with the rules of the foster family.

From the beginning of the school year until her placement in a group home, X did not attend school regularly. [ 5 ] At the group home, the youth does not interact with the staff or with the other teenagers living there. She does not participate in any activities, preferring to be in her room alone. For the time being, she seems unable to form or to establish a trusting relationship with anyone. However, she is able to follow the rules of the group home and, since her placement, she is doing well in school. [ 6 ] X does not agree with the recommendations of the Director of Youth Protection.

She requests to be placed in her former foster family. She promises to respect the rules and to attend school regularly. She submits to the Court a list of rules that she is willing to respect. Those rules are adequate and appropriate for a 15-year-old. The Court has no doubt that if she does respect those rules, her return in the foster family can be successful. But, if she does not respect her engagement, there will be no other alternative but to be placed in a structured environment.

The Court agrees with her plan especially because it has been impossible for her to establish a bond or a trusting relationship with the professionals of the group home. It was not possible to work on any clinical goals with X as she stayed in her room most of the time. [ 7 ] X should be given a second chance.

She is still young and able to modify her behaviour with professional help. [ 8 ] For these reasons, the Court: [ 9 ] GRANTS the petition; [ 10 ] REVIEWS the decision rendered on September 17, 2010; [ 11 ] DECLARES that the security and the development of X are still endangered; [ 12 ] ORDERS the placement of X in a foster family until she reaches her majority;

[ 13 ] ORDERS that access rights with the parents be supervised by the Director of Youth Protection; [ 14 ] RECOMMENDS that X receive help to prevent and to solve any alcohol or drug related problems; [ 15 ] ORDERS that aid, counsel and assistance be provided to the youth and her parents for the entire period of the placement; [ 16 ] MAINTAINS all other measures rendered on September 17, 2010 that are not obsolete; [ 17 ] ORDERS any police force to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or its representatives; [ 18 ] ENTRUSTS the situation of X to the Director of Youth Protection for the purpose of the execution of the Court orders; __________________________________ LUCILLE CHABOT, J.Q.C.

Me Stéphanie Lachance Lawyer for the petitioner Me Daniel Ouellette Lawyer for the youth Mrs. A Mother Mr. B Father Date of hearing: January 26, 2011