2017 QCCQ 508, 2017 QCCQ 508

Protection de la jeunesse — 174 2017 QCCQ 508 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001878-146 DATE: January 9, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 1999 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., Quebec, working in Town A, District A Applicant and MRS A, homeless in Town B, Quebec, District B Mother and MR B, residing and domiciled in Town C, Nunavut, region A Biological father ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1), 75 and 91 Y.P.A., 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 ] Mrs [social worker 1], delegate of the Director of Youth Protection of the A C.Y.P.C., asks the Court to review the decision rendered on July 11, 2016 concerning the situation of X, 17 years old. [ 2 ] She asks for the placement of the youth in a reception centre until her majority on […], 2017. [ 3 ] At the hearing, the mother is absent. She was served by public notice. The biological father is also absent. The youth is absent, but represented by Me Joannie Jacob.

Me Aubrée Coutanson represents the applicant. [ 4 ] Even if the youth admits most of the allegations, she disagrees with the measures. [ 5 ] She wants to be placed with her father-in-law when he will be released on November 22 or to go and live with her biological father in Town C. [ 6 ] Adding to the admissions, the social worker testifies and her revision report is filed. [ 7 ] It is proved that following the last judgment, the youth remained in a foster family, but her behaviour has deteriorated.

Since last Sunday, she is detained for breaches of probation. [ 8 ] Last August 12, 2016, she was medevaced to Town A because of a suicidal attempt and the foster family was in Town D for medical reasons. [ 9 ] On August 15, after meeting the youth protection worker for the organisation of a plan ensuring her safety, she left at the airport and she was nowhere to be found. [ 10 ] An arrest warrant was issued on August 16 because she did not show up at the Youth Court for a criminal offense she faced. [ 11 ] She was arrested on August 19 and she was intoxicated by alcohol.

She resisted to her arrest, threatened the police officers and assaulted them. [ 12 ] On September 22, 2016, when the foster mother woke her up with loud music, the youth punched the foster mother, her aunt. [ 13 ] The youth does not respect authority. She stays out late at night, consumes alcohol and drugs, hangs out with older men, is involved in criminal activities such as thefts and mischiefs and does not attend school on a regular basis.

[ 14 ] The mother of the youth is still homeless in Town D and does not contact the social worker. [ 15 ] The biological father wants her to receive re-education services before getting more involve. [ 16 ] Considering all the new facts, the Court has evidence that X put herself at risk by failing to receive the appropriate medical follow-up for her tuberculosis and also by her way of life. She misbehaves and now cumulates arrests and charges. Her aunt, the foster mother is overwhelmed.

FOR THESE MOTIVES, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of X are in danger; [ 19 ] ORDERS the placement of X in a reception centre until her majority; [ 20 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and her parents until July 7, 2017; [ 21 ] ORDERS the Director of Youth Protection to provide the youth all specific health care and health services required; [ 22 ] WITHDRAWS the exercise of some attributes of parental authority from the mother and GRANTS it to the Director of Youth Protection for the medical, social, education and travel authorizations; [ 23 ] ORDERS any police officer to collaborate with the execution of the present judgment; [ 24 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Aubrée Coutanson Attorney for the applicant Me Joannie Jacob Attorney for the youth Date of hearing: November 10, 2016