2012 QCCQ 13903, 2012 QCCQ 13903

Protection de la jeunesse — 12515 2012 QCCQ 13903 JC 1862 QUEBEC COURT CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN […] « Youth Division » N°: 145-41-000345-105 DATE : February 15, 2012 PRESIDED BY : JUDGE RICHARD CÔTÉ, J.C.Q. In the situation of : X, Born on […], 1995 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth protection, Social services, Town A, Petitioner - and - A Respondent mother - and - B Respondent father JUDGMENT ( Sections 95 ( par. 1 and 2) and 75 , Youth Protection Act, R.S.Q . c.

P-34.1) [ 1 ] On September 14 2011, judge Robert Lévesque declared the security and development of X in danger and ordered that the adolescent be entrusted to a rehabilitation center until February 2012. [ 2 ] The Director of Youth protection submits a motion for revision and extension for the following reasons : 5.1 On August 29, 2011, X was entrusted to A Unit (Intensive care unit) because she run away from B Unit and she admitted to using drugs during her run away; 5.2 On September 14, 2011, X was returned to B Center but she did not accept the services of this center and was totally defiant then she was send back to A; 5.3 X did not show any real change in her reflexions and have to be keep in an intensive care unit until November 23, 2011; 5.4 During that period, X did not went for visits at her mother's; 5.5 The visits at her mother only started on November 25, 2001 for an hour visit for lunch; 5.6 After December 5, 2011, X started progressive longer visits at her mother's and generally X has been respectful of her mother rules;

5.7 X is working with her mother at the A Community once a week; 5.8 X has returned back to school at the C Learning Center on November 29, 2011, and they have seen a huge improvement with her work; 5.9 X is expected to be going back to school at Sugarloaf Senior High School in the coming weeks; 5.10 The mother has recently put rules into place and following through with discipline and X is not used to it; 5.11 The mother and X are still having relationship issues to work more on this before X returns at home; 5.12 X is still lacking many of the social and personal skills required, she also has many unresolved emotional issues and does not understand that influences her behaviour and puts her at risk; 5.13 X's situation is still fragile and she needs to benefit from the support of the rehabilitation center during her progressive reintegration at her mother's. [ 3 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to a rehabilitation center until March 30, 2012, with additional corrective measures. [ 4 ] The mother and the adolescent are present at the hearing.

They admit the facts and agree with the recommendations made by the Director of Youth protection. [ 5 ] The father is absent.

He didn't visit his daughter for the last four years. [ 6 ] At the hearing, the Court granted the Director motion to be exempted from serving the application to the father because his address was unknown and he is virtually absent from his daughter's life since four years. [ 7 ] The evidence establishes that the situation of the adolescent has improved since the decision rendered in September 2011. [ 8 ] In her written report, the Youth protection delegate, [Social Worker 1], mentions that X has returned to school and that the C Learning Center has seen a huge improvement with her work. [ 9 ] Also, the adolescent began a follow-up with the Regional addiction services in C and she recently tested negative for drugs. [ 10 ] However, X needs psychological services.

It is also necessary to work on the relationship issues between the adolescent and her mother. [ 11 ] The Court is satisfied that the motion is well founded and that the recommendations are in the adolescent's interest. [ 12 ] THEREFORE, THE COURT : [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of X are still considered to be in danger according to the Youth Protection Act ; [ 15 ] ORDERS that X be entrusted to a rehabilitation center designated by the Director of Youth protection until March 30, 2012, with a progressive reintegration with her mother; [ 16 ] ORDERS that the adolescent continue to benefit from her follow-up with Addictions services as long as deemed necessary by the therapist; [ 17 ] ORDERS that the adolescent continue to benefit from psychological services for as long as deemed necessary by the psychologist; [ 18 ] ORDERS that the adolescent continue to benefit for the services of a external educator; [ 19 ] ORDERS that the adolescent and her mother actively participate in the application of the measures intended to put an end to the situation of endangerment; [ 20 ] ORDERS that a person working for an organism or an establishment provide aid, counsel and assistance to the adolescent and her family until October 30, 2012; [ 21 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre jeunesse A for the carrying out of the present measures. __________________________________ RICHARD CÔTÉ, J.C.Q.

Me LynnAnn Smith, for the Director of the Youth Protection

Me Andrée Rioux, for the adolescent Audience: February 15, 2012