2012 QCCQ 7944, 2012 QCCQ 7944

Protection de la jeunesse — 121667 2012 QCCQ 7944 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000226-081 DATE: April 26, 2012 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 1995 [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection A., working in CITY A Applicant v.

A , deceased Mother and B , deceased Father ______________________________________________________________________ JUDGMENT ( Sections 95 ( par.1) and 75 , Youth Protection Act, R.S.Q. c. P-34.1 ) ______________________________________________________________________ I - INTRODUCTION [ 1 ] The Court is seized of a petition for the review of a decision rendered by Honourable Nancy McKenna on April 14, 2011 concerning X, born on [….], 1995. [ 2 ] At the hearing the youth is present and represented by counsel. Both parents are deceased.

II –THE FACTS [ 3 ] On April 14, 2011, Honourable Nancy McKenna ordered the placement of X in a reception centre for a period of six (6) months. [ 4 ] On October 5, 2011, the youth left the reception centre and integrated a foster family who is her aunt. She was supposed to stay there until majority. [ 5 ] After two months, Mrs. C was overwhelmed with the situation. The youth started to display behavioural problems and, during the last two weeks, she did not follow the rules of the foster home.

She did not attend school and stayed out late, even staying out overnight. [ 6 ] On December 9, 2011, the youth left the foster home to go to school. On December 10, 2011, the foster family called the police because she had not come back home. She was found by the [city B] police with her biological mother. [ 7 ] In December and until the emergency intervention of Youth Protection, she stayed away a few times from the foster family.

III – MEASURES TO BE REVIEWED [ 8 ] The Director of Youth Protection is seeking a six (6) month placement in a rehabilitation centre with possible integration into a foster family when the situation allows. The youth does not oppose the proposed measure. [ 9 ] The evidence shows that the youth needs to be in a structured environment to avoid endangering herself. She always repeats the same pattern of running away from foster families. She needs supervision and stability for her security.

The rehabilitation centre, with the help of the educator, will be a resource to develop maturity and self-control. [ 10 ] The Court believes that it is important to follow the recommendations of psychologist Dr. Joseph Beltempo who assessed X on June 26, 2011. He suggested an investigation because she showed "some obsessive compulsive behaviour in the form of a tic". He also mentioned "she is in the mildly intellectually deficient range of functioning."

[ 11 ] The conclusion reached by Dr.

Beltempo can explain some of the behavioural disturbances in the youth and can certainly help understand the functioning of the youth. [ 12 ] FOR THOSE REASONS, THE COURT: [ 13 ] GRANTS the petition; [ 14 ] MAINTAINS that the security and development of X, born on […], 1995, are still endangered; [ 15 ] ORDERS that the youth be entrusted to a reception centre for a period of six (6) months, with possible integration into a foster family when the situation allows; [ 16 ] RECOMMENDS that the rehabilitation centre be the one in [city C]; [ 17 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth for a period of twelve (12) months; [ 18 ] ORDERS that the youth take an active

part in the application of any of the measures ordered by the Court; [ 19 ] ORDERS that X receive all the health services necessary in her situation and particularly those recommended by Dr. Joseph Beltempo; [ 20 ] ORDERS that the youth benefit from regular contacts with her extended family. __________________________________ RENÉE LEMOINE, J.Q.C. Me Mathieu Brassard For the youth Me Marianne Bourget-Gagnon For the applicant Date of hearing: February 21, 2012