2017 QCCQ 13435, 2017 QCCQ 13435
Opinion
Protection de la jeunesse — 175913 2017 QCCQ 13435 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-000509-015 DATE: September 20, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2000 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother and MR B, residing and domiciled in City A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Section 95 (par.1) 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 ] The Director of Youth Protection A submits a motion asking for the revision and extension of the judgment rendered on May 25, 2016 concerning the situation of X, 17 years old. [ 2 ] The applicant, Mrs [Social Worker 1], asks the extension of the placement in reception centre until March 31, 2018 followed by integration in a foster family where she will stay until her majority on [...], 2018. [ 3 ] At the hearing, the youth and her parents are present.
Me Angèle Tommasel assists the mother and Me Cassandra Neptune, the youth. Me Aubrée Coutanson represents the applicant. [ 4 ] The mother and the father are not aware of their child’s evolution, but they agree with the recommendations made by the social worker in the revision report filed. [ 5 ] The youth admits many allegations and agrees to remain in a reception center as long as it is up North.
She does not agree to return in the foster family she was before, she rather to stay in reception centre until her majority. [ 6 ] The evidence is completed with the social worker’s testimony and her report. [ 7 ] It is proved that following a placement in reception centre last year, the youth integrated a foster family, but her behaviour began to deteriorate again. [ 8 ] In February, she was moved in a foster family in City B, but the youth refused to attend school.
She came back in City A in March, but then, she became aggressive with the social services workers and the teachers. [ 9 ] On April 6, 2017, the Director of Youth Protection received a report that X was drinking at a known drug house in the community. [ 10 ] On July 11, 2017, she was arrested because she had assaulted her adoptive mother. [ 11 ] The youth does not want to stay in foster home, she runs away continually.
She is aggressive, impulsive, does not respect authority, does not attend school regularly and consumes drugs and alcohol. [ 12 ] Such evidence shows that the youth need specialised rehabilitation services, and on long term, at least until her majority. [ 13 ] The youth has to develop her maturity, be in a position to choose what is good for her and also to develop her autonomy. She
has to stop such self-destructive behaviours. [ 14 ] The Court considers her agreement to remain in rehabilitation centre until her majority, but is not entitled to decide which centre if it is in the South or the North. As she needs very structured place and intensive psychological follow up, the Court is convinced that the Director of Youth Protection will provide her the reception centre she needs. Depending of her motivation and collaboration, she might integrate a group home in the last months if her situation allows it.
FOR THESE MOTIVES, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of X are still in danger; [ 17 ] ORDERS the placement of X in a reception centre until her majority; [ 18 ] ORDERS the Director of Youth Protection to provide her a psychological evaluation and follow-up; [ 19 ] ORDERS the Director of Youth Protection to supervise the contacts between the youth and her parents as for frequency and modalities; [ 20 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and her parents until [...], 2018; [ 21 ] ORDERS the parents to remain sober in presence of the youth; [ 22 ] ORDERS the police officer to collaborate in the execution of the present judgment; [ 23 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.
Me Aubrée Coutanson Attorney for the applicant Me Angèle Tommasel Attorney for the mother Me Cassandra Neptune Attorney for the youth Date of hearing: September 8, 2017
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