2015 QCCQ 10417, 2015 QCCQ 10417

Protection de la jeunesse — 151419 2015 QCCQ 10417 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 145-41-000442-134 DATE: February 4, 2015 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner and X born on […], 1998 Adolescent and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 Court is seized with a petition for revision and extension of an order rendered on July 17, 2014. [ 2 ] The adolescent is entrusted to a rehabilitation centre since May of last year. She still struggles with several issues. She was a victim of sexual abuse from her mother’s spouse and entrusted to foster care afterwards. She lived with her father for a short period of time.

Her behavioural problems led to her being entrusted to a rehabilitation centre. [ 3 ] Over the summer, the adolescent has outings with her father and everyone foresees she will eventually return to his care. Unfortunately, the situation deteriorates. The adolescent questions her intention of going back home to her father’s. [ 4 ] In August, the adolescent runs away from her father’s and the police have to bring her back to the rehabilitation centre. She also runs away from the unit, on a few occasions. [ 5 ] The mother visits the adolescent at the rehabilitation centre for the first time in September.

Her spouse accompanies the mother. [ 6 ] The adolescent refuses to foresee going back to her father’s anymore. She wishes to go back living with her mother. [ 7 ] The mother was not able to protect the adolescent in the past. Moreover, she minimizes what her daughter had to go through, being sexually abused. [ 8 ] Meanwhile, the adolescent still shows behavioural problems. In October, she is transferred to an intensive care unit, after running away once more. She remains there about two months. She is now entrusted to a rehabilitation centre located in her community.

She requested that transfer. [ 9 ] The adolescent shows minimal cooperation with services. She demonstrates oppositional and disruptive behaviour. She gets disorganized, more so when her mother is present. She needs to work on self-control. [ 10 ] A longer period of placement in a rehabilitation centre is necessary. The adolescent agrees with the measures sought by the director of youth protection, which appear to be in her best interest. WHEREFORE, THE COURT: [ 11 ] GRANTS the petition for revision and extension of an order ;

[ 12 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 13 ] REVISES AND EXTENDS the judgment rendered on July 17, 2014; [ 14 ] ORDERS that the adolescent be entrusted to a rehabilitation centre designated by the DYP until August 31, 2015; [ 15 ] ORDERS that modalities of contacts between parents/adolescent be set following an agreement between the parties, including the presence of a third person as long as deemed necessary by the DYP ; [ 16 ] RECOMMENDS that the adolescent continue her psychological follow-up, as long as deemed necessary by the professional; [ 17 ] RECOMMENDS that the adolescent benefit from a psychiatric assessment; [ 18 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and her family until August 31, 2015; [ 19 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre Jeunesse A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Hugo Caissy for the adolescent A the mother (absent) B the father Date of hearing: February 4, 2015 Written judgment filed on February 17, 2015