2018 QCCQ 19044, 2018 QCCQ 19044

Protection de la jeunesse — 1810189 2018 QCCQ 19044 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000061-152 DATE: November 28, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2002 [SOCIAL WORKER 1], youth protection worker, youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, [...] Mother and B, [...] Father ______________________________________________________________________ JUDGMENT (sections 95 of the Youth Protection Act ) ______________________________________________________________________ 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 A (the Director) submits a motion asking the Court to review the situation of X, 16 years old. [ 2 ] On October 10, 2017, the youth was placed in a reception center for a period of six months, with progressive reinsertion with the mother. Now the Director wants the youth to be maintained with her mother with a social follow-up until her majority. [ 3 ] The mother is absent at the hearing but represented be Me Michel Grenier.

She had to accompany another daughter at hospital in Town A. The father is absent and informed the applicant over the phone that he would not come. The youth is present assisted by Me Yan Massé. Me Adelia Ferreira represents the applicant. [ 4 ] The facts alleged in the motion for revision are admitted by the youth and the mother. They both agree with the recommendations. A revision report is filed. [ 5 ] It is proved by preponderance that last April 2018, the youth was fully reintegrated with her mother but X still has problematic behaviours. She has been drinking in the community and has been seen intoxicated.

On September 12, 2018, she tried to commit suicide and was brought to the clinic. She ran out of the clinic with only her gown. She was placed at the Reception Center to ensure her own safety. When released, she missed her meeting with the social worker. [ 6 ] The mother has difficulty to impose structure to X. [ 7 ] In spite of all those difficulties, the social worker recommends that she be kept at her mother’s house. She attends school regularly in a special program. She enjoys internship’s in the work place. That motivates her a lot and since, her collaboration with the social worker increase.

The youth now accepts the support and counselling of the social worker. She also recognizes the needs for mental health services. [ 8 ] Because of this recognition and her collaboration, the applicant recommends that X be maintained with her mother. An intervention plan including the various follow-ups and the rules to be respected at the mother’s home should be completed as soon as possible. In the event of non-collaboration with the rules and non-cooperation in the follow-up, the social worker will have to seize again the Court.

FOR THOSE MOTIVES, THE COURT: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of X, born on [...], 2002, are still in danger;

[ 11 ] MAINTAINS the youth with her mother; [ 12 ] ORDERS the Director to provide to the youth mental health services, including psychotherapy; [ 13 ] ORDERS the Director to provide aid, counsel and assistance to the youth and her mother until the majority of the youth, such social follow-up will be provided to the father if he requires; [ 14 ] ORDERS the youth to collaborate actively with the social worker; [ 15 ] ENTRUSTS the situation of the youth to the Director who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Yan Massé Attorney for the youth Me Adelia Ferreira Attorney for the applicant Me Michel Grenier Attorney for the mother Date of hearing: November 15, 2018