2012 QCCQ 17272, 2012 QCCQ 17272

2012 QCCQ 17272 Protection de la jeunesse — 126778 JG2189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] CITY OF […] « Youth Division »

N o : 640-41-001154-092 DATE: May 24, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILD: X Born on […], 1995 [SOCIAL WORKER 1], person duly authorized by the Director of Youth Protection A., working in City A (Quebec), district A; Petitioner -and- A , residing and domiciled in City A (Quebec), district A; Mother -and- B, residing and domiciled in City A (Quebec), district A; Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (Director) submits to the Court a motion for revision of a decision rendered on August 17, 2011 by Justice Jacques R.

Roy in which the Court entrusted X to her family for a period of one (1) year. [ 2 ] Today, the Director requests that X be entrusted to a reception center for a period of six (6) months with different measures to help her and her family solve their problems. [ 3 ] At the hearing, X and her mother are present and represented by the attorney, Sarah Plamondon who acts as «friend of the Court» for the mother as she shares her daughter's position. [ 4 ] X and her mother are in agreement with the recommendations made by the Director. [ 5 ] However, the mother finds it important to inform the Court of an important decision she made two (2) days ago. [ 6 ] In a very touching testimony, the mother shared with the Court that she has realized that X would always remain with unsolved problems if the family environment would not change.

The mother says that X has been under the care of an abusive father for many years. This father was controlling them. [ 7 ] The mother believes that X's behavior is the result of the impact of what she has been experiencing as a child.

[ 8 ] That is enough, the mother says. [ 9 ] Two (2) days ago, the mother, after having asked the father to agree in going into therapy, which invitation he declined, decided to throw him out of the house. [ 10 ] The mother is now determined to break the vicious circle they were all in for too many years. [ 11 ] The mother wants to prevent the next generation, especially X and her daughter's baby who she adopted, to experience violence and abuse from now on. [ 12 ] Today, the mother wants X to know that when she will come back home, the family environment will be peaceful.

«The poison is out», she says. [ 13 ] The mother also informs the Court that X is pregnant. In agreement with her daughter, it was decided that X's baby would be given to adoption. This baby will have a good start and a good life, says X's mother. Update of the situation since August 17, 2011 [ 14 ] Since she is back home, X's behavior remains problematic. [ 15 ] X fights with her boyfriend. She makes threats to commit suicide. She consumes drugs. She drinks alcohol and disturbs people in the community. [ 16 ] In December 2011, X is arrested for the severe beating of a woman.

The victim suffered a skull fracture and was medivaced to the A Hospital where she remains in a critical condition and in an induced coma for some time. [ 17 ] At the hearing, X testifies feeling evil about what she did to the victim. [ 18 ] In February 2012, X is arrested again for assault, uttering threats, and failure to comply with her probation. [ 19 ] In March 2012, X is being very disruptive at home. She breaks the family new Sony television. X is angry with her father. [ 20 ] Shortly after that event, X's mother says she has become afraid of X's aggressive behavior.

She wants her out of the house because of her increasingly violent episodes. [ 21 ] On April 4, 2012, the Court entrusts X to a reception center until the present hearing. [ 22 ] Since then, at A Center, X benefited from a psychological evaluation and a psychiatric assessment. [ 23 ] In his psychological report, Dr. Joseph Beltempo describes X's long story of drugs and alcohol abuse. [ 24 ] X has been consuming drugs and alcohol since she was 11 years old.

She consumes crack and cocaine, sniffs different types of extract, gas, nail polish, hairspray, different prescription pills by snorting and makes several attempts to steal prescription medication as well as using her own medication for snorting and sniffing, honey oil, Crisco Oil, speed, hash, Jamaican hash, salvia and magic mushrooms. Her drug of choice is crack and different types of ecstasy. [ 25 ] Besides that, X is experiencing very important emotional problems, says the psychologist. X describes her father as being extremely aggressive, hostile and rejecting.

Her father is telling her to beat people up, to go out and even beat up other guys for him. [ 26 ] The last time X saw her father, she wanted him to be angry at her because he was making her angry. This is when X smashed the new family T.V. set. This is what the psychologist calls «revenge for rejection». [ 27 ] In his recommendations, Dr. Beltempo suggests that X benefit from a drug and alcohol follow-up as well as a highly structured environment for living. He suggests an individual therapy with Ms.

Vahaviolos who already worked with X on an individual basis and has a good relationship with her. [ 28 ] X would like to meet with her psychologist more than once a week. She appreciates her meetings and feels she needs it. [ 29 ] The psychiatrist’s assessment also recommends that X benefit from an environment with a high structure such as a reception center. X has developed a severe conduct deficit.

She needs to be responsible for her actions and understand that her impulsivity and aggressiveness will not be tolerated. [ 30 ] X is however very collaborative and so is her mother. [ 31 ] The fact that the father does not live at home anymore is certainly a positive factor that will help X make efforts in the next six (6) months to be able to maybe come back home. [ 32 ] X is presently pregnant. [ 33 ] In six (6) months, this baby will be close to be born if not born yet. [ 34 ] All the parties think that X's situation should be re-evaluated then in order to be able to determine which measures will be in X's best interest after a six (6) months rehabilitation period in a reception center.

THEREFORE, THE COURT:

GRANTS this motion; REVISES the decision rendered on August 17, 2011 by Justice Jacques R.

Roy; DECLARES that the security and the development of X continue to be in danger; ENTRUSTS X to a reception center for a period of six (6) months ; ORDERS that X receives ongoing psychological follow-up according to her needs; ORDERS that X attend school on a regular basis; ORDERS X's family seek family therapy for themselves and their children; ORDERS that X and her mother find ways to improve their communication with each other; ORDERS that a person working for an institution or body provides aid, counsel and assistance to X and her family for a period of six (6) months ; ENTRUSTS the situation of X to the Director of Youth Protection A,who shall then see that the measures are 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 D.Y.P. M e Sarah Plamondon Attorney for the youth Date of hearing: May 24, 2012