2019 QCCQ 18428, 2019 QCCQ 18428

Protection de la jeunesse — 197602 2019 QCCQ 18428 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-001506-127 DATE: September 9, 2019 ______________________________________________________________________ PRESIDING : THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on [...], 2004 Youth and A Mother ______________________________________________________________________ JUDGMENT ON A MOTION FOR REVISION ( art. 95 , Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection of the Cree Board of Health and Social Services A (the Director) submits a motion asking the Court to review the decision rendered on November 12, 2015 by Honourable Rolande Matte in the situation of X, 14 ½ years old. [ 2 ] The Director asks to review the decision of placement until the youth’s majority in the foster home of B and C and to order a placement in another foster family for a year. [ 3 ] At the hearing, the youth is absent, but she was represented by Mtre Yan Massé.

The mother is absent, even if served and offered transportation from Town A. Mtre Adelia Ferreira assists the applicant. [ 4 ] X admits all the allegations, except the one related to behavioural issues in the foster home.

Evidence is completed with the testimony of the social worker, her revision report, the school and medical reports and the event report from Police Department of Town B. [ 5 ] It appeared that since July 15, 2019, X started exhibiting behavioural issues, not doing her chores in the foster family, not respecting the authority of B and C, sneaking out of their home during the night and drinking alcohol. [ 6 ] On July 20-21, the youth visited her mother in Town A and, during a baseball tournament, she drank to the point of intoxication.

While drunk, she threw rocks at her foster parents and police intervention was required. [ 7 ] The foster parents were overwhelmed with the situation and asked for her removal from their care.

The youth disclosed that she did not want to continue to live in their home, because she felt they were too strict and not listening to her needs. [ 8 ] From July 23 until August 2, the youth resided with her grandmother. [ 9 ] Despite the fact that the grandmother reported no concerns with the youth’s behaviors, the Director learned that the youth was leaving the home in the middle of the night without telling anyone. [ 10 ] On August 2, the youth was entrusted to a foster home. Since, X wants to resume living with her sister and this latter is able to care for her.

Since this placement, the youth went away few times. She consumed alcohol. [ 11 ] The youth has had little contact with her father. He gave her money sometimes, but he is not involved in her life. [ 12 ] The youth’s mother is not stable and does not participate in any treatment. She does not collaborate with the Director. She has six children with five different fathers, all placed until their majority, and she would be pregnant now. [ 13 ] Because of the youth’s behavioural issues, the Director is still searching for a structured foster family in the community of Town B.

He might have to place her in another community, if he does not succeed to find an appropriate one.

[ 14 ] Because of her acting out are and the revelation the youth did during summer of having been sexually assaulted years ago, the Director wants her to undergo an FAS evaluation. [ 15 ] Considering the evidence and the youth’s agreement with the measures; FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of X, born on [...], 2004, are still in danger; [ 18 ] ORDERS the placement of the youth in a foster family for one year; [ 19 ] ORDERS the Director to procced to have the youth undergo to a FAS evaluation; [ 20 ] Considering the youth’s consent, ORDERS the Director to have the youth evaluated by a psychologist and to receive a follow- up, if required by the professional; [ 21 ] ORDERS the Director to supervise the contacts between the mother and the youth as for the frequency and all the modalities; [ 22 ] WITHDRAWS certain attributes of the parental authority for the youth regarding medical, educational, sporting and social activities, including all matters related to passport, social insurance member, medical card and driver licence insurance and GRANTS these attributes to the Director; [ 23 ] AUTHORIZES the Director to sign all the papers concerning these attributes; [ 24 ] ORDERS the Director to provide the youth all medical and psychological services she can required; [ 25 ] ORDERS the Director to provide aid, counsel and assistance to the youth and her mother for one year; [ 26 ] ORDERS the police to cooperate in the execution of this judgment; [ 27 ] ENTRUSTS the situation of the youth to the Director, who shall then see that the measures are carried out.

Signed in Town C, on October 4, 2019 __________________________________ DENYSE LEDUC, J.C.Q. Mtre Adelia Ferreira Santé et Services Sociaux A Counsel for the applicant Mtre Yan Massé Centre communautaire juridique A Counsel for the youth Date of hearing: September 9, 2019