2011 QCCQ 9992, 2011 QCCQ 9992

Protection de la jeunesse — 114070 2011 QCCQ 9992 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 615-41-001504-108 DATE: July 13, 2011 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, exercising her profession at the Centre Jeunesse A having a place of business at […] in town A, district A, […] Petitioner and X, presently hosted at the rehabilitation centre A at […] in town A, district A, […] Youth and A, residing and domiciled at […] in town A, district A, […] Mother and B, residing and domiciled in town B, district B, […] Father and C, residing and domiciled at […] in town C, district A, […] Paternal grand-mother – Impleaded

partie ______________________________________________________________________ JUDGMENT (Section 95 (3) Y.P.A. , chap. P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] [The social worker 1], delegate of the Director of Youth Protection of the district C, asks the Court to review the last decision rendered on January 11, 2011 concerning X, born on […], 1995. She asks the placement of the youth in a reception centre for three months followed by a placement with relatives until her majority. [ 2 ] At the hearing, the youth, her father and her grandmother are present.

The uncle, Mr D, and his spouse, Mrs E, are also present. The youth is represented by Me Claude Cossette and the petitioner by Me Annie Gaouette. [ 3 ] A revision report is filed. According to

section 95.3, the parties admit the facts and agree to the measures. Consequently a draft agreement is filed. [ 4 ] The facts acknowledged are : 4.1. The youth's behaviour has deteriorated; 4.2. The youth displays problems regarding her ability to respect authority and her capacity to control her anger when frustrated; 4.3. The youth is distrustful and dishonest towards the adults; 4.4. When the youth is confronted with her behaviours, she often becomes very upset and throws a tantrum; 4.5. On or around January 17, 2011, the youth started going to school in town C; 4.6.

Often, the youth behaviours in school was problematic and got her detentions almost every week; 4.7. The school informed the petitioner that on March 8, 2011, she would be suspended; 4.8. In light of the situation and considering the youth's behaviour, she will now be attending class in the rehabilitation centre unit;

4.9. The father has maintained contacts with the youth on a regular bases; 4.10. The mother has maintained irregular contacts with the youth; 4.11. The father offered a good collaboration to the petitioner and keeps informed of his daughter's situation; 4.12. The mother has not been collaborating with the petitioner who tried to meet with her; 4.13. The paternal grandmother, Mrs C, has maintained contacts with the youth and is offering a good collaboration to the petitioner; 4.14. The youth need a very well structured and stable environment; 4.15.

Mr D, paternal uncle, and his spouse are willing to receive X in their family and Mr B have good abilities to entrust the youth. [ 5 ] Following those admissions, it is proved that the youth still need a stable and structured environment to evolve. After the reception centre, she will integrate her uncle's house. Her uncle and aunt are ready to offer her an environment with structures and caring.

As they lived closed to the grandmother, she will be in a position to continue to offer counsel and guidance to X. [ 6 ] The measures are adequate and the youth agrees with them. [ 7 ] FOR THESE MOTIVES, THE COURT : [ 8 ] GRANTS the petition; [ 9 ] DECLARES that the security and development of X are still in danger; [ 10 ] ORDERS the placement of X in a rehabilitation centre for a period of three months starting on May 31, 2011; [ 11 ] Following the placement in a rehabilitation centre, ORDERS that the youth be entrusted to her paternal uncle, Mr D, and his spouse until her majority; [ 12 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and her paternal uncle, Mr D, for the duration of the judgment, and ORDERS that such services be offered to the parents if they requested it; [ 13 ] ORDERS the Director or Youth Protection to authorise and supervise all the contacts between the youth and her parents; [ 14 ] ORDERS any police officer to collaborate with the present judgment; [ 15 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Annie Gaouette, attorney for the petitioner Me Claude Cossette, attorney for the youth Date of hearing: May 31, 2011