2016 QCCQ 6524, 2016 QCCQ 6524

Protection de la jeunesse — 162733 2016 QCCQ 6524 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-000658-150 DATE: March 14 th 2016 PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. IN THE MATTER OF: X, born on [...] 2003 Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A; Applicant and A, residing and domiciled in Town A , Quebec, district A Mother and B (deceased) Father AMENDED JUDGMENT [1] ( Sections 95 and 75 , Youth Protection Act , R.S.Q. c.

P-34.1) 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 asks the Court to review the decisions made on June 16 th 2015 concerning X. [ 2 ] The child was then entrusted to rehabilitation centre.

The Director asks that this order be prolonged until the end of the school year to prepare a reintegration of the child with her foster mother, Ms C. [ 3 ] The Court proceeded in the presence of the child on March 14 th 2016. [ 4 ] The mother had been informed of the proceeding and offered travel arrangements, but did not come to Court. [ 5 ] The child told us that her mother had no intention to come to Court as she had spoken to her last week. [ 6 ] The child was very sad on March 14 th 2016.

She did not want to speak but wanted to be entrusted immediately to her foster family. [ 7 ] The child had to be transferred to a more structured facility because of her difficult behaviour last November 2015. [ 8 ] She only had a few contacts with her mother since last June 2015. When she is able to contact her mother or another family member, her conversation often ends in tears. [ 9 ] The child wrote down her feelings instead of talking in Court.

She is upset because she is bullied in her reception centre. [ 10 ] The social worker told us that part of the bullying starts from the child’s own behaviour. [ 11 ] The child can count on the real motivation of Ms C to care for her and wanting to act as a foster mother.

[ 12 ] The child is not yet ready to be entrusted to a foster family.

FOR ALL THESE REASONS COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of the child, X, are still in danger; [ 15 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre for the latest until June 30 th 2016 and then ORDERS that the child be entrusted to a foster family for the rest of the scheduled measures; [ 16 ] RECOMMENDS that the foster family be that of Ms C; [ 17 ] ORDERS that the mother report in person by phone at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 18 ] ORDERS that the child attend a school; [ 19 ] ORDERS that the child receive specific health services required by her situation and that the child and the mother follow recommendations made by the medical professionals as well as the recommendations made by Dr Beltempo; [ 20 ] RECOMMENDS that the child receive a psychological follow-up; [ 21 ] RECOMMENDS that the child accept the services of an external educator; [ 22 ] ORDERS that the mother remain sober in the presence of the child; [ 23 ] RECOMMENDS that the mother seek help through social services concerning her alcohol, drugs and anger management issues; [ 24 ] ORDERS that the contacts between the child and the mother be determined by the Director as to the modalities, the frequency and the degree of supervision; [ 25 ] AUTHORIZES the Director of Youth Protection to sign medical consents for the child should the mother not be available in a timely manner; [ 26 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and her family; [ 27 ] ORDERS the police to collaborate to the execution of the enactment; [ 28 ] ENTRUSTS the situation of the child, X to the Director of Youth Protection for the execution of the measures; [ 29 ] THE WHOLE until March 31 st 2017. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Geneviève Apollon, Attorney for the applicant Mtre Marie-Claude De Gagné, Attorney for the child Mtre Nicolas Welt, Attorney for the mother