2013 QCCQ 9066, 2013 QCCQ 9066
Opinion
Protection de la jeunesse — 132027 2013 QCCQ 9066 COURT OF QUEBEC CANADA PROVINCE DE QUÉBEC DISTRICT [...] "Youth Division" No: 145-41-000430-139 DATE: May 8, 2013 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER A] Petitioner and X , born […] , 1999 Adolescent and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] X is a thirteen year-old teenager who, until recently, has always lived with her mother and younger brother. [ 2 ] The mother had stormy relationships with two partners, the last one until recently.
X was a witness of domestic violence on many occasions. The youth has suffered from that situation. Furthermore, she sometimes felt that her mother was choosing men over her daughter. [ 3 ] Last fall, the mother separates from her boyfriend. In December, she decides to move to [A Province] with her son in order to build a better life for herself and her children. The plan, at the time, is that X would stay with a great aunt in order to complete her school year. [ 4 ] Unfortunately, things don't turn the way the mother planned they would. So, in the beginning of January, the mother and her son come back.
The mother moves in, again, with her former boyfriend. That relationship comes to an end last March.
[ 5 ] After spending a few weeks in a shelter for battered women, the mother moves to A, where she rents an apartment. She is currently living there with her son. [ 6 ] Meanwhile, things don't work out that well for the adolescent at her great aunt's. She is not happy there and even shows suicidal thoughts. In March, X is removed from that place and entrusted to a foster family. Lately, X has been presenting behaviour problems.
She is often involved in conflicts and has difficulties complying with rules. [ 7 ] The relationship between the adolescent and her mother is strained. [ 8 ] X is apprehensive towards the future and has a difficult time in learning to trust her mother again. The mother, though, has made some changes in her life. She receives help and wants to lead a different life, with her children. She wants to build a better relationship with her daughter.
She wishes that X come back home as soon as possible. [ 9 ] The director of youth protection asks that the adolescent be entrusted to a foster family until the end of June, and then come back living with her mother. [ 10 ] Despite her fears and worries, the adolescent agrees with the recommendations. [ 11 ] It is reasonable to hope that this project will succeed. [ 12 ] Still, the mother will have to work hard in order to regain her daughter's trust. The situation is fragile and help is required.
WHEREFORE, THE COURT: [ 13 ] GRANTS the present petition for protection; [ 14 ] DECLARES that the security and development of X are considered to be in danger according to
section 38 of the youth protection act; [ 15 ] ORDERS that X be entrusted to a foster family designated by the director of youth protection until June 30, 2013; [ 16 ] ORDERS that visits with the mother take place according to an agreement between the parties; [ 17 ] AUTHORIZES that X be progressively integrated into the maternal home environment during the period of placement; [ 18 ] ORDERS that X be entrusted to her mother from July 1, 2013; [ 19 ] ORDERS that X and her mother actively participate in psychological services to help deal with their personal issues; [ 20 ] ORDERS that X and her mother work with an external educator on parenting skills, communication, discipline and structure; [ 21 ] ORDERS that X attend school regularly and adhere to all the rules of proper conduct; [ 22 ] ORDERS that X and her family actively participate in the application of the measures intended to put an end to the situation of endangerment; [ 23 ] ORDERS than a person working for an establishment or an organism provide aid, counsel and assistance to X and her family until December 31, 2013; [ 24 ] ENTRUSTS the situation of X to the director of youth protection of the centre de jeunesse A for the carrying out of the present order. __________________________________ JANICK POIRIER, J.C.Q.
ME LOUYSE A. LEMIEUX for the petitioner
ME STÉPHANIE CARRIER for the child ME FLORENCE FRAPPIER-ROUTHIER for the mother MR. B the father (absent) Date of hearing: May 8, 2013 Written judgment filed on May 14, 2013
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