2011 QCCQ 7610, 2011 QCCQ 7610

Protection de la jeunesse — 111990 2011 QCCQ 7610 JC1649 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY [...] « Youth division » N° : 635-41-000291-093 DATE : May 3, 2011 UNDER THE PRESIDENCE OF : HONOURABLE PAUL CHEVALIER, J.C.Q. In the case of : X. JUDGMENT ON A MOTION FOR REVISION ( Sec. 95(1) Youth Protection Act, R.S.Q. c.

P-34.1 ) [ 1 ] The Director of Youth Protection seeks the revision of an order made on September 28, 2010, entrusting the youth to foster care for a period of eight months. [ 2 ] Since an order made on August 2009 entrusting the youth to foster care, X went in 7 foster families, mainly because she does not respect the rules and curfew put forth by the foster families, sometimes sleeping outside the house without permission or warning, and because she refuses to participate in chores. [ 3 ] The youth does not attend school regularly and displays behavioral problems. [ 4 ] Her collaboration with Youth Protection is irregular. [ 5 ] The foster parents become overwhelmed with the youth's behavior. [ 6 ] The parents still display alcohol and violence related problems and their collaboration with youth protection is, at the best, irregular. [ 7 ] One week before the hearing, the youth was entrusted to another foster family where she felt at ease.

The youth would have liked to stay there and the new foster family was ready to keep her. [ 8 ] However the youth needs to learn to respect others and to respect authority and a more structured environment is now necessary.

Moreover the youth needs a psychological assessment, which will much more easily be performed in a rehabilitation center, considering her very limited cooperation with Youth Protection. [ 9 ] There is a place waiting for her in city A where she will have all the services that she needs. [ 10 ] FOR THESE REASONS THE COURT : [ 11 ] GRANTS the motion for revision; [ 12 ] CONSIDERS that this situation constitutes new facts justifying the revision of the order made on September 28, 2010; [ 13 ] DECLARES the security and development of the youth X still endangered; [ 14 ] ORDERS that X be placed in a Readaptation Center for a period of 6 months; [ 15 ] ORDERS that the youth undergo a psychological evaluation and a follow-up by a professional;

[ 16 ] ORDERS a social follow-up for the youth and her parents; [ 17 ] ORDERS that the contacts between the youth and her parents be determined by the Director of Youth Protection; [ 18 ] ORDERS the youth and her parents to collaborate with the interveners; [ 19 ] ORDERS that Mrs.

A be evaluated as a foster family and hopes that it will be a foster family still willing to receive the youth at the end of the present order; [ 20 ] ENTRUSTS , for the purpose of enforcement of this order, the situation of the youth to the Director of Youth Protection; [ 21 ] ORDERS the police, if necessary, to cooperate in the enforcement of this order; [ 22 ] The whole for a period of 6 months. PC/nc PAUL CHEVALIER, J.C.Q. Me Alexandre Simon, For the D.Y.P. Me Marie-Claude De Gagné, For the youth, present. Me Denis Trottier, For Mrs. B and Mr. C, parents, not present. Date of the hearing : May 3, 2011