2013 QCCQ 14402, 2013 QCCQ 14402

Protection de la jeunesse — 134958 2013 QCCQ 14402 COURT OF QUEBEC CANADA PROVINCE DE QUÉBEC DISTRICT [...] TOWN [...] Youth Division No: 640-41-001495-123 DATE: September 27, 2013 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born […] , 2000 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services A, working in City A, district of A Applicant A , residing and domiciled in City A, district A Mother and B , residing and domiciled in City A, district A Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection makes an application to revise the decision rendered on October 16, 2012 by this Court.

At that date, the Court declared that the security and development of the adolescent was in danger pursuant to the law and ordered her placement in a Reception Center until the end of the school year, to wit, June 2013. The Court also recommended that a psychological evaluation of the youth be prepared. [ 2 ] The adolescent is present and represented by a lawyer. The parents are present and also represented. [ 3 ] The applicant submits that the adolescent's situation is still compromised.

She asks the Court to order the placement of the youth in a Reception Center for the period of 12 months. [ 4 ] The adolescent and the parents admit all the allegations of the petition.

They both agree whit the applicant's recommendations concerning the measures. [ 5 ] The applicant files the revision report on D-2 and the psychological report prepared by Mr Pierre Barrette, psychologist. [ 6 ] The Court considers that following the admissions and the filling of the reports, there is preponderant evidence of the following facts. [ 7 ] On June 19, 2013 the Court orders the provisional foster care of the youth in a foster family for a period of thirty days and extends that order for another thirty days. [ 8 ] The Court hearing was set on August 27, 2013 in B. [ 9 ] On July 22, 2013 the foster parents called the Director of Youth Protection stating they can no longer keep the youth because the youth does not respect adult's authority.

For example, she would regularly come home at four in the morning ringing the doorbell and knocking on the door waking up the whole family. [ 10 ] The Youth Protection worker met the youth about this situation. She just kept smiling and found the situation funny and unimportant. [ 11 ] With the support of the Youth Protection the youth was able to improve her behavior.

However she still displays behavioral problems such as aggressive behavior. [ 12 ] On May 30, 2013, the youth displayed aggressive behavior towards a teacher and was suspended from school until the end of the school year. [ 13 ] On May 31, 2013, she ran away from the Group home. When the Group home staff found her on the road she disclosed suicidal ideations. Then the youth was transferred to the Hospital A to be evaluated and later on to the Hospital B for further evaluation. [ 14 ] The Youth Protection worker referred the youth for an assessment of her psychological dynamic.

[ 15 ] On June 11, 2013 the psychologist Pierre Barrette met the youth. [ 16 ] Mr Barrette's conclusions are the following: • Significant emotional upset may be interfering with cognitive functioning; • Concentration difficulties are probable with the youth being distractible, preoccupied and inattentive.

This may cause her to miss cues which may reduce judgment and coping; • Due to her cognitive style the youth may have severe difficulty learning from her experiences and may repeatedly make the same mistakes; • The youth reports mild levels of suicidal ideation that need to be clinically evaluated; • She has little success forming relationships. An attachment deficit may exist; • She has a strong desire to be independent to the point of being counterphobic. She blames others for her problems and tends to overreact to social situations. She may ignore social rules and do what she pleases.

The youth's relationships tend to be stormy and conflictual. [ 17 ] Mr Barrette concludes that the youth suffers from: • Adjustment disorder with depressed mood; • Oppositional disorder; • Attachment deficit disorder; [ 18 ] The parents' situation remains the same. They have an alcohol abuse problem since many years.

They are currently homeless and live at the mother's sister's residence with ten other persons. [ 19 ] The parents are unable to answer to the youth basic needs. [ 20 ] Considering all the evidence including the admissions from the youth and her parents the Court concludes that the youth's situation is still in danger pursuant to the Youth Protection Act . [ 21 ] The applicant's recommendations to put an end to the situation in which the security and development of the youth are in danger are reasonable, appropriate and in the best interest of the youth.

For these reasons the Court: [ 22 ] Grants the motion; [ 23 ] Maintains that the security and development of X, born […], 2000 continues to be in danger; [ 24 ] Orders that the youth be entrusted to a rehabilitation center for a period of 12 months; [ 25 ] The following measures are for a period of 12 months; [ 26 ] Orders that the youth have regular follow-ups by a psychologist; [ 27 ] Orders that the Director of Youth Protection provides aid, counsel and support to X and her parents; [ 28 ] Orders that the contacts between X and her parents be supervised by the Director of Youth Protection delegate as to the modality, frequency and lenght; [ 29 ] Orders that the parents report on a regular basis at the Director of Youth Protection office in A to inform and update the worker about their progress and future plans to seek help and improve their current situation; [ 30 ] Orders that the parents participate actively and positively in the development of X's Youth Healing path plan; [ 31 ] Orders any police body to collaborate for the purpose of executing this enactment; [ 32 ] Entrusts the situation of X to the Director of Youth Protection of the A Board of Health and Social Services A who shall then see that the measures are carried out. __________________________________ Josée Bélanger, J.C.Q.

Me Robert-André Adam, attorney for the Director of Youth Protection Me Yan Massé, attorney for the children Me Clara Egervari, attorney for the parents Date of hearing: August 27, 2013