2017 QCCQ 19980, 2017 QCCQ 19980
Opinion
Protection de la jeunesse — 1710351 2017 QCCQ 19980 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001599-130 DATE: July 10, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2002 TEENAGER ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT (
Section 95 of the 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 Director of Youth Protection submits a motion asking the Court to extend the placement in a reception centre until the end of June with an integration into a foster family for July 1 st , 2017. [ 2 ] The mother is not present, but is represented by Mtre. Myriam Gaudreault. The father is neither present nor represented.
The parties ask the Court to proceed without the presence of the father. [ 3 ] The adolescent admits all of the allegations of the petition which are : – She remains in the group home where she is doing well. – She has regular contacts with her mother. – The contacts between the adolescent and the father are inconsistent as the father lives in Town A. – The adolescent attends school regularly. – The adolescent attends regular sessions with her case worker at the group home in order to deal with her personal issues. – X has expressed not being ready to integrate a foster home. – A foster home has not been identified at the time of the hearing for the adolescent. – The situation of the adolescent requires maintaining the placement in the group home. – More time is needed to work with the adolescent and prepare her to slowly integrate a foster home. [ 4 ] The adolescent has made real significant improvement at the group home: she is playing in a basketball team, she attends school regularly, she is very cooperative with the professionals and she is able to express her wishes.
She had a great school year. X has very real motives to be proud of herself. [ 5 ] The mother, through her lawyer, expresses that she agrees with the measures recommended by the Director.
[ 6 ] A revision report is filed and the author, Mr [Social Worker 1], was cross-examined by Me Gaudreault. [ 7 ] The measures recommended are in the best interest of X and are likely to put an end to the situation that endangered her security and development.
For these motives, the Court: [ 8 ] GRANTS the motion; [ 9 ] DECLARES that the security and development of X, born on [...], 2002 are still endangered; [ 10 ] ORDERS the placement of X in a reception centre until June 30, 2017 with a reintegration into a foster home starting July 1, 2017; [ 11 ] ORDERS her placement in a foster family for a period of one year, beginning on July 1, 2017; [ 12 ] ORDERS that X attend school on a fulltime basis; [ 13 ] RECOMMENDS that X attend therapy to deal with her personal issues; [ 14 ] ORDERS that any access rights between the teenager and the mother be supervised as for the modality and frequency and be established in the best interest of the teenager; [ 15 ] ORDERS that access rights between the teenager and the father be supervised by the Director of Youth Protection as for the frequency and the modalities; [ 16 ] ORDERS that aid, counselling and assistance be provided to the teenager and her family until July 1 st , 2018; [ 17 ] RECOMMENDS that both mother and adolescent be offered counselling to improve their relationship; [ 18 ] ORDERS any police officer to fully collaborate with the execution of the Court order if requested to do so by the Director of Youth Protection; [ 19 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of the Court order. __________________________________ LUCILLE CHABOT, J.C.Q.
Mtre. Camille Champeval DPJ A Lawyer for the applicant Mtre. Constantin Kiryakidis Centre communautaire juridique A Lawyer for the teenager Mtre. Myriam Gaudreault Lawyer for the mother Date of hearing: May 25, 2017
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