2017 QCCQ 505, 2017 QCCQ 505

Protection de la jeunesse — 171 2017 QCCQ 505 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-000948-064 DATE: January 5, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2004 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) and 75 Y.P.A., R.S.Q. 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 ] Mrs [social worker 1], delegate of the Director of Youth Protection of the A C.Y.P.C., asks the Court to review the decision rendered by Honourable Jean Gravel on January 8, 2016 concerning the situation of X, 12 years old. [ 2 ] She asks the extension of the child’s placement in reception centre for nine months, until August 16, 2017. [ 3 ] At the hearing, the mother is absent, but represented by Me Angèle Tommasel.

Me Joannie Jacob assists the child and Me Aubrée Coutanson represents the applicant. [ 4 ] Admissions are made by the parties and they agree with the measures. [ 5 ] A revision report and two observation reports from A Centre and from the group home are filed. [ 6 ] The evidence reveals that even if the child was placed in the specialised group home in Town B, her aggressive behaviour and her serious behavioural problems remain. [ 7 ] She did not respect the authority, consumed drugs, did self-mutilation, ran away and displayed aggressive behaviour and intimidation towards the group home staff and other peers.

Today, the child has improved her school grades and she is better equipped to manage her frustrations. [ 8 ] The child was met by a child psychiatrist last April and he prescribed some medication for her crisis. She met regularly with a psychologist and offered a good collaboration with this process. [ 9 ] During winter and spring 2016, the child had few contacts with her mother. After letters and phone calls, they were able to see each other daily during the visits to the child’s uncle.

They are reconstructing their relationship. [ 10 ] The mother’s situation has improved and she is now investing herself to be part of the child’s life. [ 11 ] The child maintains regular contacts with her sister who is placed in Town B. [ 12 ] Over the last months, the child had to be transferred in A Centre. In the daily report filed, we observed that the child’s situation is deteriorated. [ 13 ] She cannot control her aggressiveness anymore. The child cumulates lot of traumas and lives with the hope that her mother will take care of her after a positive relationship will be developed.

She received a diagnostic of an attachment disorder of the anxious/ambivalent type by the psychiatrist Dr Beltempo on January 2015. It might explain the relapses. [ 14 ] The child still needs a coherent, strict and constant structure environment. She needs to work on her aggressive behaviour and

requires professional support. [ 15 ] Considering the evidence and the parties’ agreement with the measures, FOR THESE MOTIVES, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of X are still in danger; [ 18 ] ORDERS that the child X be entrusted to an institution operating a rehabilitation centre chosen by the institution operation a child and youth protection centre until August 16, 2017; [ 19 ] ORDERS that the child and the mother take an active

part in the application of the measures; [ 20 ] ORDERS the mother to report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 21 ] ORDERS the Director of Youth Protection to provide the child all specific health care and health services, namely a psychological follow up; [ 22 ] ORDERS the Director of Youth Protection to favour and to supervise the contacts between the child and her mother as to the modalities, the frequency and the degree of supervision and to favour the contacts of the child with her sister; [ 23 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and the mother until August 16, 2017; [ 24 ] ORDERS the police to collaborate with the execution of the present order; [ 25 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Aubrée Coutanson Attorney for the applicant Me Angèle Tommasel Attorney for the mother Me Joannie Jacob Attorney for the child Date of hearing: November 10, 2016