2012 QCCQ 16850, 2012 QCCQ 16850

Protection de la jeunesse — 126338 2012 QCCQ 16850 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division N o : 640-41-001486-122 DATE: November 20, 2012 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born […], 1996 SOCIAL WORKER 1, youth protection worker, duly authorized by the Director of Youth Protection of the Cree Board of Health and Social Services A, Quebec, district A Petitioner and A, residing and domiciled in B, Quebec, district of A Mother ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) Y.P.A. , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] [Social Worker 1], delegate of the Director of Youth Protection of the Cree Board of Health and Social Services of A, asks the Court to review the decision rendered on August 22, 2012 by Honourable Lucille Chabot and to order the youth's placement in a reception centre for a year. [ 2 ] At the hearing, Me Daniel Ouellette represents the youth, and the mother is present.

Me Gabriel Gaudreault represents the petitioner. [ 3 ] The evidence of the new facts in support of the revision is based on the admissions made by the youth and his mother, the testimony of the babysitter, B, and the revision and observation reports. [ 4 ] It is proved that X has serious behavioural problems and that his mother is overwhelmed by the situation. The youth consumes alcohol and drugs abusively and does not respect authority. On August 26, 2012, he sexually assaulted his younger sibling. He was so intoxicated that he cannot remember.

The younger sister, 7 years old, received medical attention and it corroborates the sexual assault reported. [ 5 ] The mother and her spouse were absent that day. The babysitter noticed after the young child told her what X had done to her, that he was sleeping and a strong odour of alcohol filled the bedroom. [ 6 ] In her revision report, the social worker reports other events when the youth was seen drunk in the community in the past months. The youth does not collaborate with the social worker and does not respect the last Court order. He is used to behave as it pleases him, looking for fun.

The mother is unable to control him. Knowing this behaviour, the social worker and the mother did not take any measure until this event occurred in the family. All the problems of X remain even if measures were previously ordered. The mother's structures are still not appropriated. [ 7 ] Consequently, now it is urgent that the youth evolve in a structured setting and that specialised re-education services be offered to him on a daily basis. [ 8 ] Since his provisional placement at the group home, X acknowledges his needs to receive help from a psychologist to deal with his past and he attends school regularly.

He offers a good collaboration. [ 9 ] Considering the evidence and the parties' agreement, [ 10 ] THE COURT : [ 11 ] GRANTS the petition; [ 12 ] DECLARES that the security and development of X are still in danger;

[ 13 ] ORDERS the placement of X in a reception centre for a period of one year; [ 14 ] RECOMMENDS that the youth remain in a group home if the evolution of his situation allows it; [ 15 ] RECOMMENDS the Director of Youth Protection to provide a psychological follow-up to the youth; [ 16 ] ORDERS the Director of Youth Protection to supervise the visit rights and access of the youth to his mother; [ 17 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and his mother for a period of one year; [ 18 ] RECOMMENDS the Commission des droits de la personne et des droits de la jeunesse to evaluate the services offered; [ 19 ] ORDERS any police officer to collaborate in the execution of the present enactment; [ 20 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Gabriel Gaudreault, attorney for the petitioner Me Daniel Ouellette, attorney for the youth Date of hearing: September 27, 2012