2012 QCCQ 14634, 2012 QCCQ 14634
Opinion
Protection de la jeunesse — 125759 2012 QCCQ 14634 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000345-105 DATE: October 11, 2012 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Adolescent and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for revision and extension of an order in respect of X (1995- [...] ) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] On September 6, 2012, the Court declares that the security and development of this adolescent are still considered to be in danger and orders that, after being released from the rehabilitation center as of October 15, 2012, she be entrusted to a foster family with supportive measures until her majority for the reasons enunciated in the judgment. [ 3 ] The petition is based on the following assertions and facts :
a) on September 11, 2012, five days after Court, she ran away from rehabilitation center where she was entrusted until October 15, 2012 ;
b) she was found the same day, under the influence with four pills of a generic of Seroquel on her ;
c) she resisted to the point that the police had to be called in order to bring her back to the rehabilitation center ;
d) X does not want to end her addiction problem ;
e) X does not cooperate with the Director of youth protection ;
f) X needs a structured and safe environment .
[ 4 ] At the hearing, the adolescent (assisted by her lawyer) and her mother are present. They admit the situation described in the petition and the reports and accepts the recommendations of the Director of youth protection. [ 5 ] The father is absent at the hearing as well as in his daughter's life.
He however sent a short notice in which he writes that he consents to what is best for his daughter. [ 6 ] The Court studied the psychosocial report, the report of an educator ( A unit) as well as a copy of the decision justifying her placement in an intensive supervision unit. [ 7 ] The evidence reveals that X 's behavior strongly suggests her non-desire of integrating a foster family and her incapacity to deal with her issues, namely addiction. [ 8 ] When entering the unit, she had 47 pills hidden in a deodorant stick. [ 9 ] Her request to attend therapy in CENTRE A shall be discussed and evaluated. [ 10 ] Meanwhile, there is no other choice, to protect her, to render a decision in the sense of the recommendations of the Director of youth protection.
WHEREFORE, THE COURT : [ 11 ] DECLARES that the security and the development of X are still considered to be in danger according to
section 38 of the Youth Protection Act; [ 12 ] ORDERS that X be entrusted to a rehabilitation center designated by the Director of Youth Protection ; [ 13 ] ORDERS that X seeks help for her addiction from A Services or a AProgram; [ 14 ] ORDERS that X benefits from psychological services and follow-up for as long as deemed necessary; [ 15 ] ORDERS that X and her parents receive family services through an External Educator; [ 16 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and her family ; [ 17 ] ENTRUSTS the situation of X to the Director of Youth Protection of the Centre Jeunesse A until [...] , 2013 (date of her majority) for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.
Me Louyse A. Lemieux, for the petitioner Me Andrée Rioux, for the adolescent Mrs B , the mother Mr A , the father (absent)
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