2017 QCCQ 20113, 2017 QCCQ 20113

Protection de la jeunesse — 1710323 2017 QCCQ 20113 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000064-156 DATE: June 29, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2004 TEENAGER ______________________________________________________________________ [SOCIAL WORKER], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT AND A MOTHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR c. P-34.1) ______________________________________________________________________ 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 Director of Youth Protection submits a motion to review a judgment rendered on April 20, 2016, ordering the placement of the teenager in a rehabilitation centre for a period of one year with a reintegration in a foster home after a period of six months if the situation allowed it. [ 2 ] Alyiah, who is present, is represented by Mtre. Constantin Kiryakidis. Mtre. Myriam Gaudreault acts on behalf of the mother who is currently detained and present via videoconference. Mtre.

Camille Champeval acts on behalf of the applicant. [ 3 ] All of the allegations of the petition are admitted either by the mother or by the teenager. [ 4 ] The youth was not reintegrated in a foster home because of her behaviour. She was kept at the group home until the end of the Court decision rendered by Judge Beauchemin. [ 5 ] The youth did not respect de rules and the regulations of the reception centre and left without prior authorization on numerous occasions. She was disrespectful toward the staff and the teachers. She did not participate in group counselling, complaining out loud that it was boring.

She showed no motivation to participate in sports, social activities or outings in the bush. [ 6 ] On August of last year, both the mother and the child participated in a project with the Youth Healing Services which lasted six weeks in a bush camp. The mother missed the first day of the program because she was intoxicated. Upon her return in the community, she relapsed.

She was drinking until October 2017, when she was sentenced to one year of imprisonment for trafficking drugs. [ 7 ] The mother has not attended any treatment centre to address her substance abuse issues. [ 8 ] The revision report establishes that X made significant improvements during the last months.

She attends school regularly, she now respects the rules and she says that she is happy about these changes in her life. [ 9 ] The mother and the teenager are communicating on a regular basis and the mother encourages her daughter to behave. [ 10 ] The mother will be released on May 30, and thereafter intends to attend a treatment centre to resolve her personal issues. Both the mother and the youth agree with the recommendations of the Director. The main recommendation is the placement of X in a foster home for a period of one year.

Questioned by the Court, X is confident that she will be able to follow the rules of the foster family. [ 11 ] During the following months, a close follow-up should take place with the youth in order for her to maintain her improvement

and new attitude.

Such a close follow-up will also be necessary with the mother to resolve her problems and to enable her to take care of X at the end of the current placement. [ 12 ] FOR THESE MOTIVES, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] MAINTAINS that the security and development of X, born on [...], 2004, are still endangered; [ 15 ] ORDERS the placement of the teenager in a foster family for a period of one year with reintegration at her mother’s during the last 60 days of placement if the situation allows to do so; [ 16 ] ORDERS that any access rights between the mother and the teenager be supervised by the Director of Youth Protection as for the frequency and the modalities; [ 17 ] ORDERS the mother to attend and complete an alcohol and drug treatment program; [ 18 ] PROHIBITS the mother and the youth from consuming drugs or alcohol; [ 19 ] ORDERS that the mother and the youth collaborate with the Director of Youth Protection and meet with the Worker upon request; [ 20 ] ORDERS that X continue to attend school regularly, except for valid reasons and ORDERS that the Social Worker be promptly informed if X misses school; [ 21 ] AUTHORIZES any service providers working with the family to share information with the Director of Youth Protection about the evolution of the situation of their respective clients; [ 22 ] ORDERS that aid, counsel and assistance be provided to X and her family for a period of one year; [ 23 ] ORDERS any police officer to collaborate with the execution of the Court orders; [ 24 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Camille Champeval DPJ A Lawyer for the applicant Mtre. Constantin Kiryakidis Centre communautaire juridique A Lawyer for the youth Mtre. Myriam Gaudreault Lawyer for the mother Date of hearing: May 24, 2017