2019 QCCQ 11247, 2019 QCCQ 11247

Protection de la jeunesse — 192038 2019 QCCQ 11247 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 640-41-002073-176 DATE: February 25, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2002 Youth and A, deceased Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (Sections 95 (para. 2) and 75, Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the extension of a decision under s. 95 of the Youth Protection Act , [1] rendered on February 23, 2018, by the Honourable Jean Gravel, J.C.Q.

At that time, he reviewed and extended the decision rendered on May 9, 2017, which entrusted X to a rehabilitation centre with gradual reintegration into a foster family, if the situation allows. [ 2 ] At the hearing, X was present and assisted by counsel. The father was in jail, but was represented by counsel. Facts: [ 3 ] The father is in custody. He should be released in June 2020. [ 4 ] The youth displays psychotic behaviour for which she takes medication. She is also being followed by a psychiatrist. [ 5 ] The youth displays serious behaviour problems. She has run away nine times within the last year.

When she ran away, she consumed marihuana. She also mutilated herself. [ 6 ] On September 23, 2018, the youth attempted to completely detach her hand from her arm with a knife and was medivaced to Town A for emergency surgery. [ 7 ] On October 5, 2018, the youth was still in the psychiatric unit at the Montreal Children’s Hospital. [ 8 ] The youth returned to the rehabilitation centre in Town B at the end of November 2018.

Analysis: [ 9 ] The applicant asks the Court to extend the youth’s placement at the rehabilitation centre until February 7, 2020. [ 10 ] Her father should be released from jail in June 2020 and her mother is deceased. [ 11 ] X will turn 18 on February 7, 2020. Less than a year remains within which services can be provided to the youth. She is not doing well at the youth center. She would like to live in Town B with her grandmother, who is the most important person for her.

[ 12 ] The grandmother is ready to foster her and is aware of the youth’s problems. With the support of the Director of Youth Protection, she is willing to help X. [ 13 ] She should be reintegrated progressively into her grandmother’s home over the next few months.

FOR THESE REASONS, THE COURT: [ 14 ] GRANTS this application; [ 15 ] EXTENDS the decision rendered on May 9, 2017; [ 16 ] DECLARES that the security and development of X, born on [...], 2002, are still in danger; [ 17 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection center, with reintegration into her grandmother’s home when the situation allows; [ 18 ] ORDERS that the youth receive specific health care and health services, notably follow-up concerning her mental health diagnoses; [ 19 ] ORDERS that contact between the youth and the father be determined by the Director with respect to the terms, frequency and degree of supervision; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 21 ] ORDERS the police to cooperate in the execution of this judgment; [ 22 ] ENTRUSTS the situation of the youth, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; THE WHOLE UNTIL FEBRUARY 7, 2020. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre Sarah Bourgeois-Lessard Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the youth Mtre Angèle Tommasel Counsel for the father Date of hearing: February 25, 2019