2016 QCCQ 15425, 2016 QCCQ 15425
Opinion
Protection de la jeunesse — 167526 2016 QCCQ 15425 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001935-151 DATE: November 21, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2004 MRS [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, Quebec, District A Applicant and MRS A, residing and domiciled in A City, Quebec, District A Mother ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) Y.P.A., R.S.Q. 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 of the A C.Y.P.C. asks the Court to review and to extend the decision rendered on June 16, 2016 by the Honourable Jean Gravel, J.C.Q., concerning the situation of X, born on [...], 2004.
He asks for the placement of the youth in a rehabilitation centre until April 19, 2017. [ 2 ] At the hearing, the mother and the youth are present, assisted by Me Marie-Claude De Gagné and Me Cassandra Neptune.
Me Aubrée Coutanson assists the applicant. [ 3 ] The evidence reveals that the youth was reintegrated with his mother last June 25, 2016, but after a month, his situation has deteriorated. [ 4 ] During the week of August 1, 2016, the mother and the aunt called the Director of Youth Protection to seek help regarding X because he was sniffing gasoline, running away, had aggressive and impulsive behaviours (tried to put fire to a house, went swimming in the river while intoxicated). [ 5 ] The youth puts himself in danger and the mother is overwhelmed by her son’s behaviours. [ 6 ] Concerning the mother’s situation, she still displays alcohol related problems and is still unstable.
Consequently, she is unable to provide the structured and safe environment the youth needs, even with the support of an external educator.
The mother intends to return in therapy at A Centre. [ 7 ] With the information provided in the youth’s evaluation made by the psychologist, Mr Beltempo, on May 27, 2016 and the recurrence of his old problems, the Director of Youth Protection will have to prepare a life plan for the youth during his placement if the mother’s situation does not significantly improved. [ 8 ] Considering the evidence and the parties’ agreement with the recommendations, THE COURT: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of X are still in danger; [ 11 ] ORDERS the placement of X in a reception centre until April 19, 2017 with a possible reintegration with the mother in the last
two months of the placement; [ 12 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and his mother until April 19, 2017; [ 13 ] ORDERS the mother to collaborate actively with the social worker; [ 14 ] ORDERS that the mother seek help through Social Services concerning her alcohol issue; [ 15 ] ORDERS the Director of Youth Protection to determine a life plan for the youth; [ 16 ] ORDERS the Director of Youth Protection to supervise the visits and contacts of the youth with his mother and ORDERS the mother to remain sober in presence of her son; [ 17 ] ORDERS any police officer to collaborate with the execution of this judgment; [ 18 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.
Me Aubrée Coutanson Attorney for the applicant Me Marie-Claude De Gagné Attorney for the mother Me Cassandra Neptune Attorney for the youth Date of hearing: October 11, 2016
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