2013 QCCQ 8272, 2013 QCCQ 8272

Protection de la jeunesse — 131482 2013 QCCQ 8272 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] "Youth Division" No: 105-41-000134-016 DATE: June 12, 2013 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X , born on […], 1996 Adolescent and A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] X is 16 year-old and she has been subject to youth protection measures since she was four.

She was withdrawn from her mother's care many years ago. [ 2 ] In 2004, the Court orders that the youth remain in foster care for a period of five years. At that time, she lives with Mrs B who intends to take care of her on a long term basis. [ 3 ] On June 3, 2009 the Court orders that X be entrusted to a foster family until she reaches her majority, and recommends that the foster home be the one of Mrs B [ 4 ] As time goes by, problems occur between the youth and her foster family. In May 2012, the adolescent moves to a new foster family, at her aunt's, in City A, where her family lives.

She is happy there and her behaviour improves. [ 5 ] Meanwhile, the relationship between the adolescent and her mother becomes more significant. They see each other more often and the youth appreciates it, even though she knows

they could not live together. [ 6 ] On March 15, 2013, the Court orders that visitation between the youth and her mother be determined by agreement between the parties. All compatibles conclusions of the order rendered in 2009 still prevail. [ 7 ] At that time, everything appears to be fine. The youth is happy in her foster home and she is able to control her aggressiveness and manage her feelings. She works on her personal issues, notably with a psychologist.

The foster mother is very strict on routine and discipline and dedicated to help her niece. [ 8 ] Unfortunately, things have recently changed and the Court is seized with a petition asking to entrust the adolescent to a rehabilitation centre until the end of December 2013. [ 9 ] Though she is not happy with it, the adolescent agrees with the recommendations. Her mother sent a letter to the same effect. [ 10 ] The adolescent's behaviour has been going downhill for the last months. She takes marijuana. She skips classes and is failing some subjects in school.

At home, she refuses to comply with the rules and is disrespectful and rude towards her foster family. Her foster mother is overwhelmed with the situation. [ 11 ] At the end of April, the youth is entrusted to a rehabilitation centre, on a provisory basis. [ 12 ] The adolescent needs professional help and a structured environment in order to change her behaviour. [ 13 ] The adolescent suffers from a reactive attachment disorder. It is probably more prevalent when she experiences anxiety, opposition and stress. She has to cope with her background of loss, instability and emotional turmoil.

Her follow-up with a psychologist ended a few months ago, but it would be helpful for the youth to start meeting with her psychologist again. [ 14 ] The adolescent recently expressed the wish to go back living with her mother, but it is not a solution. The mother admits she is in no condition to have her daughter live with her. Furthermore, the mother has no control over the youth. Their relationship is unstable. [ 15 ] The foster family has not given up on the adolescent and hopefully she will be able to go back there at the end of her stay in a rehabilitation centre.

THEREFORE, THE COURT: [ 16 ] GRANTS the present petition for revision of order; [ 17 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act; [ 18 ] ORDERS that X be entrusted to a rehabilitation center designated by the director of youth protection until December 31, 2013; [ 19 ] ORDERS that X be entrusted to a foster family designated by the director of youth protection, from January 1, 2014 until November 25, 2014; [ 20 ] ORDERS that modalities of contacts between X and her mother be determined by the director of youth protection;

[ 21 ] RECOMMENDS that X continue to work on her personal issues with her psychologist as long as deemed necessary by the psychologist; [ 22 ] RECOMMENDS that the mother work with an external educator to help improve the relationship with her daughter; [ 23 ] ORDERS that a person working for an establishment or an organism provide aid, counsel and assistance to X and her family until […], 2014 (age of her majority); [ 24 ] ENTRUSTS the situation of X to the director of youth protection of the Centre Jeunesse A for the carrying out of the present measures. __________________________________ JANICK POIRIER, J.C.Q.

ME LOUYSE A. LEMIEUX for the petitioner ME FLORENCE FRAPPIER-ROUTHIER for the adolescent MRS A the mother (absent) Written judgment filed on June 17, 2013