2011 QCCQ 14325, 2011 QCCQ 14325

Protection de la jeunesse — 115207 2011 QCCQ 14325 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000345-105 DATE: September 14, 2011 ______________________________________________________________________ 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 of an order in respect of X (1995-[…]) is referred to the Court by the Director of youth protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] On March 2, 2011, the Court declares that the security and development of this adolescent are still considered to be in danger and orders that she be entrusted to a rehabilitation center until May 31, 2011 and, after, to her mother with supportive measures until March 30, 2012, for the reasons enunciated in the judgment. [ 3 ] The petition is based on the following assertions and facts :

a) X was entrusted to a rehabilitation center before for few periods : - August 25, 2010 to October 6, 2010 ; - December 30, 2010 to May 31, 2011 ;

b) after that last period of placement, X was returned to her mother's care but the situation was still fragile but both of them agreed to received services ;

c) in the night of July 24 and on July 25, 2011, X was found by the police officer under the influence of alcohol and she was talking about dying ;

d) X was very intoxicated, her right foot was bloody and she told the police that her mother kicked her out ;

e) X is showing behavioural problems such has : 1) not respecting the rules at home ; 2) not respecting her mother ; 3) using drugs and drinking alcohol excessively, taking sleeping pills ; 4) threatening suicide ;

f) X has had previous attempts suicide ;

g) X is repeatedly putting herself in danger ;

h) X is showing no remorse for her behaviours ;

i) X needs to stop acting out and to receive daily professional services ;

j) the mother is overwhelmed and cannot cope no more with X's behaviours problems ;

k) the father is not involved in X's life. [ 4 ] At the hearing, the adolescent is present with her lawyer who admits, in general, the situation described at the petition and accepts the recommendations of the Director of youth protection. [ 5 ] The mother is also present and unrepresented ; she agrees with the measures sought by the Director of youth protection. [ 6 ] The father is absent and unrepresented. [ 7 ] The Court studied the psychosocial report and the report of an educator (A unit).

The Court also examined police occurrence reports. [ 8 ] Considering these report's content and the position of the adolescent and her mother, the Court grants the petition in the sense of the recommendations of the Director of youth protection except that the ordinance duration is limited to February 29, 2012, in order to see if the project of returning X at her mother's is feasible and realistic ( [1] ) , and a conclusion is added regarding X's outings at home. [ 9 ] It is important for X and her mother, if they really want to be back together, that they involve themselves honestly and seriously in a process of change and in the different follow-ups offered.

WHEREFORE, THE COURT : [ 10 ] 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 ;

[ 11 ] ORDERS that X be entrusted to a rehabilitation center designated by the Director of youth protection ; [ 12 ] ORDERS that X benefits from a follow-up from addictions services ; [ 13 ] ORDERS that X benefits from a psychological evaluation and follow-up if deemed necessary ; [ 14 ] ORDERS that Mrs B benefits from the follow-up with an external educator regarding her parenting skills ; [ 15 ] ORDERS that X benefits from outings at her mother's if the situation permits it ; [ 16 ] ORDERS that X and Mrs B actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 17 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and her family ; [ 18 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until February 29, 2012, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Me Andrée Rioux, for the adolescent Mrs B, the mother Mr A, the father (absent)