2011 QCCQ 11280, 2011 QCCQ 11280

Protection de la jeunesse — 113851 2011 QCCQ 11280 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000370-111 DATE: June 15, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [Social Worker 1] Petitioner and X Adolescent and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for revision of an order in respect of X (1994 […]) was prepared on April 20, 2011, by the Director of youth protection pursuant to

section 95 of the Youth Protection Act in support of a petition for provisory measures. [ 2 ] The petition was based on the following assertions and facts :

a) on March 2, 2011, X was entrusted to a rehabilitation center ;

b) considering that X is threatening constantly to commit suicide she was in intensive structure environment in A Unit in A town ;

c) on March 31, 2011, Dr. Gisèle Chiniara, met X and gave a medical order recommending that X be hospitalized in an English environment for a month or as long as the medical team will decide ;

d) at that time, no place for her was available in the province of Quebec until April 19, 2011 when the A Hospital in town B informed the Director of Youth Protection that they have a place for her ;

e) on April 20, 2011, an immediate protective measure was applied to transfer X to the A hospital ;

f) X really needs to be evaluated in a specialized medical centre and to receive the appropriate care for her situation. [ 3 ] On April 21, 2011, the Court ordered that X be provisory entrusted to A hospital for an assessment as recommended by Dr

Chiniara. [ 4 ] Actually, X is released from the hospital with a recommendation that the placement in a structured environment be continued. [ 5 ] At the hearing, the adolescent (assisted by her lawyer) and her parents are present. [ 6 ] The Court heard the observations of the father. [ 7 ] Considering that the Director of youth protection presents a withdrawal of its petition for revision of order dated April 20, 2011 ; [ 8 ] Considering that the purpose of this petition was that X be entrusted to Al health university institute for assessment ; [ 9 ] Considering the report and the recommendations of Dr Jean-François Bélair, dated May 25, 2011 ; [ 10 ] Considering that there are no new facts to revise and modify the Court order of March 2, 2011 ; [ 11 ] Considering that the father asks the Court financial assistance to permit him to visit his daughter at the rehabilitation center in town B ; [ 12 ] Considering the medical report's content regarding the importance of the father's presence for X and his collaboration ; [ 13 ] Considering that it is important that the father has regular contacts with the doctors and educators in town B to understand more the situation and needs of X ; WHEREFORE, THE COURT : [ 14 ] TAKES NOTICE of the withdrawal filed by the Director of youth protection ; [ 15 ] DECLARES that the conclusions of the judgment of March 2, 2011 are still in force until August 31, 2011 ; [ 16 ] RECOMMENDS to the Director of youth protection to help the father in organizing visits at his daughter's place of residence, especially diligent and effective financial assistance ; [ 17 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A for the carrying out of the measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith,

for the DYP Me Daniel Mill, for the adolescent Mr A, the father Mrs B, the mother