2016 QCCQ 15422, 2016 QCCQ 15422
Opinion
Protection de la jeunesse — 167523 2016 QCCQ 15422 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001139-085 DATE: November 15, 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2000 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in A City Applicant and A, residing and domiciled in A City, Quebec, district A Mother ______________________________________________________________________ JUDGMENT ( Sections 95 ( par. 1) , 75 and 91 , Youth Protection Act, CQLR, 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 ] The Court is seized with a motion asking that the measures ordered by Judge Jean Gravel on January 8, 2016 be revised.
The applicant, the Director of Youth Protection of A C.Y.P.C., asks the placement of X in a A Center until June 14, 2017. [ 2 ] At the hearing in A City on October 11, 2016, the child is present with his lawyer, Mtre. Cassandra Neptune. The mother, actually in therapy at Le Portage, is absent, but represented by Mtre. Angèle Tommasel. Mtre. Aubrée Coutanson assists the applicant. [ 3 ] The youth admits all the allegations and agrees to return at the A Center. He acknowledges that, following his reintegration with his mother last March 18, 2016, he displayed inappropriate behaviour.
He consumed drugs and alcohol, did not respect authority, displayed aggressive behavior (punching holes in the wall, destroying furniture in the house). [ 4 ] On August 8, 2016, the mother called the Director of Youth Protection because her son X was in suicidal crisis and was under observation at the hospital. [ 5 ] On August 10, 2016, the mother pressed charges against X for an assault that occurred the previous day. [ 6 ] On August 11, 2016, the youth was arrested and detained one night to ensure the mother’s protection. [ 7 ] The mother has a young baby, two months old, and X is disruptive towards his sister, blowing marijuana smoke on her. [ 8 ] The mother is overwhelmed by her son’s behaviour and she is afraid of him, being unable to control him.
She asked for his placement at the A Center. [ 9 ] With her lawyer, she admits most of the allegations and agrees with the measures recommended. [ 10 ] A revision report and an observation report from the A Center are filed. [ 11 ] At the ACenter, X has still to work on stress and anger management, to increase his self-esteem and to develop his autonomy.
He still has many conflicts with his mother for which counselling is required. [ 12 ] CONSIDERING the evidence and the agreements, FOR THESE MOTIVES, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of X are still in danger; [ 15 ] ORDERS his placement at the A Center until June 14, 2017;
[ 16 ] RECOMMENDS his integration in a group home, if the evolution of his situation allows it; [ 17 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and his mother until June 14, 2017; [ 18 ] RECOMMENDS to the Director of Youth Protection to evaluate a life plan for the youth; [ 19 ] ORDERS the mother to meet regularly the social worker and to collaborate in the social follow-up that will be provided for her; [ 20 ] ORDERS the Director of Youth Protection to provide all the health services that the youth needs, including a follow-up with his psychiatrist; [ 21 ] ORDERS the police to collaborate to the execution of the enactment; [ 22 ] ENTRUSTS the teenager’s situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.
Mtre. Aubrée Coutanson Attorney for the applicant Mtre Cassandra Neptune Attorney for the teenager Mtre. Angèle Tommasel Attorney for the mother Date of hearing: October 11, 2016
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