2012 QCCQ 17255, 2012 QCCQ 17255

Protection de la jeunesse — 126705 2012 QCCQ 17255 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 640-41-001007-076 DATE: July 18, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILD: X Born on […], 1996 SOCIAL WORKER 1 and SOCIAL WORKER 2, persons duly authorized by the Director of Youth Protection of the A.C.Y.P.C., working in Town A (Quebec), district A; Petitioner -and- A , residing and domiciled in Town A (Quebec), district A; Mother -and- FATHER (undeclared). ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (DYP) submits to the Court a motion for revision of a decision rendered on April 3, 2012, by Justice Denise Leduc, in which she entrusted the youth to a foster family for a period of six months. [ 2 ] Today, the DYP amends its conclusions and asks the court to entrust X to a reception center for a period of 12 months instead of six months, with the possibility of reintegrating a foster family after four months. [ 3 ] At the hearing, the mother and the youth agree with these amended recommendations.

However, X shares with the Court her wish to be transferred to the group home in Town A to be closer to her community. Update of the situation since April 3, 2012 [ 4 ] After having improved her behaviour at the reception center, X was ready to integrate a foster family. [ 5 ] From February 26 to April 19, 2012, X stayed with B. This foster family gave up because X was hitting the foster family’s daughter. [ 6 ] From April 19 to June 26, 2012 X stayed with C. [ 7 ] On June 26, X called the social worker. She was in crisis and said she wanted to leave the foster home.

When the social worker talked to the foster mother, she said she could not handle X's behaviour anymore. [ 8 ] That same day X integrated the group home in Town A. Because of lack of availability, X had to be transferred at the group home in Town B. [ 9 ] X’s mother did not change in the last months. She is still struggling with a drinking problem. However difficult is the mother's life, she still sees her daughter.

Analysis and applicable measures [ 10 ] X still struggles with some behaviour problems. [ 11 ] X has a hard time to invest emotionally with foster families. After a honeymoon period, X gets into a rejection pattern, due to her attachment disorder. She thinks she will be hurt by people, so she rejects them before being rejected. [ 12 ] X needs a neutral environment that provides clear rules and where she does not have to invest emotionally. X needs a structure.

Even with an experienced foster home, X will need time to adjust. [ 13 ] For these reasons, the Court agrees with the social worker’s opinion that the youth first needs a lengthy period of placement in a neutral environment to stabilize her situation before anything else. [ 14 ] Second, the social worker recommends keeping the reception center as a security net while X integrates her foster family for adjustments periods. [ 15 ] This plan will ensure that X does not go from one foster family to another. [ 16 ] The Court was surprised to see X agree with the new DYP's recommendations asking a 12 months placement in a reception center.

This might means that, slowly, X is gaining in maturity and knows what is best for her. [ 17 ] If it is so, the Court is impressed by X's sign of maturity. [ 18 ] While in a reception center, X will continue to benefit from contacts with her mother. [ 19 ] The Court encourages the mother to support her daughter on her way to slowly finding a nest in which to land. A nest in which X will hopefully be happy until her majority.

FOR THESES REASONS, THE COURT: GRANTS the petition; REVISES the decision rendered on April 3, 2012 by Justice Denyse Leduc; DECLARES that the security and the development of X are still compromised; ENTRUSTS X to a reception Center (Group Home type) for a period of 12 months , with the possibility of integrating a foster family after four (4) months if the situation allows it; RECOMMENDS that X be transferred to the group home of Town A as soon as possible; ORDERS that X continue to receive psychological follow-up; ORDERS that the contacts between the youth and her family be determined and supervised by the Director of Youth Protection; ORDERS that a person working for an institution or body provides aid, counsel and assistance to the child and her family for a period of 12 months; ENTRUSTS the situation of X to the Director of Youth Protection A C.Y.P.C., who shall see that the measures be carried out; ORDERS the police to collaborate in the execution of this order. __________________________________ Lise Gagnon, J.C.Q .

M e Gabriel Gaudreault Attorney for the DYP M e Myriame Gaudreault Attorney for the child M e Angèle Tommasel Attorney for the mother Date of hearing: July 18, 2012