2010 QCCQ 19602, 2010 QCCQ 19602

Protection de la jeunesse — 107371 2010 QCCQ 19602 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Chamber » DATE : December 23, 2010 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : N° : 635-41-000271-095 X 1994-[...] [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the C.Y.P.C.

A, Quebec, district A Applicant And A, residing in a Transition House A, town A , district B Mother ______________________________________________________________________ JL2340 JUDGMENT (Section 95 (par. 1) Y.P.A. , chap. P-34.1 R.S.Q. ) [ 1 ] Mrs [social worker 1], delegate of the Director of Youth Protection of the C.Y.P.C. A, asks the Court to review the last decision rendered on April 13, 2010 by Judge Daniel Bédard concerning X, born on [...], 1994. Her situation was declared still in danger and her placement in a reception centre was ordered for three months.

Now, the petitioner asks that the youth be maintained with her grandmother on specific conditions, until her mother's release from jail. [ 2 ] At the hearing, the youth is present and represented by Me Denis Trottier. The mother is absent, but represented by Me Marie-Claude De Gagné. Me Wolfgang Mercier-Giguère assists the petitioner. [ 3 ] The new alleged facts in support of this revision are admitted and the parties agree with the recommendations included in the revision report. The grandmother testifies.

She is ready to assume X if she respects her conditions such as not to drink or be under the influence of alcohol at home, to attend school regularly and to behave well there. The social worker also testifies on the specific need of X to meet a psychologist regularly. [ 4 ] The youth needs an environment exempt of violence and alcohol. The grandmother has an alcohol problem, but she agrees not to consume or not let any adult consume at home.

She agrees to offer more structures to her granddaughter until her mother be release from jail. [ 5 ] Evidence reveals that the youth benefits from living with relatives in town B. She agrees to collaborate with the social worker and to respect the conditions imposed by the Court. [ 6 ] Consequently, considering the evidence and the parties' agreement with the recommendations, [ 7 ] THE COURT : [ 8 ] GRANTS the petition;

[ 9 ] DECLARES that the security and development of X are still in danger; [ 10 ] MAINTAINS the youth with her grandmother, Mrs B, on these specific conditions : 10.1. Obligation for the grandmother and X to meet the social worker once a week; 10.2. Prohibition to the grandmother to consume alcohol at home or to let any adult consume alcohol at her home or be under the influence of alcohol; 10.3. Prohibition for X to consume alcohol or drugs except on medical prescription; 10.4. Obligation for X to attend school regularly except for medical reason; 10.5.

Obligation for X to meet regularly the psychologist and to follow his recommendations; [ 11 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth, her mother and her grandmother for a period of one year; [ 12 ] ORDERS any police officer to collaborate in the execution of the present judgement; [ 13 ] ENTRUSTS the youth’s situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Wolfgang Mercier-Giguère, attorney for the applicant Me Marie-Claude De Gagné, attorney for the mother Me Denis Trottier, attorney for the youth Date of hearing : October 19, 2010