2011 QCCQ 14035, 2011 QCCQ 14035

Protection de la jeunesse — 115106 2011 QCCQ 14035 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N o : 635-41-000246-089 DATE: October 4, 2011 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 1997 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A, C.Y.P.C., Quebec, district A Petitioner and A, residing and domiciled in A town, Quebec, district A Mother and B, presently detained in B town, Quebec Father ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) Y.P.A. , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] Mr [Social Worker], delegate of the Director of Youth Protection of the A, C.Y.P.C., asks the Court to review the last judgment rendered on February 22, 2011 concerning X and to extend her placement in a reception centre for another period of six months. [ 2 ] At the hearing, the mother, the father and the youth are present. Me Marie-Claude De Gagné represents the mother, Me Denis Trottier, the youth, and Me Alexandre Cimon, the petitioner. [ 3 ] The mother and the youth admit all the allegations.

The father ignores all of them. The youth does not agree with the prolongation of her placement at the group home. She would like to return with her parents or with her sisters in a foster family. The father would like her daughter to be placed with his sister accredited as foster family. [ 4 ] A revision report made by Mr Pierre Cordero and co-signed by Mr [Social Worker] is filed. Mr Lapointe and the educator from the group home testify. [ 5 ] None of them could inform the parties of the seriousness of the youth's behavioural problems. She does not behave well at the group home.

She ran away, consumed drugs and alcohol when she escaped and self-mutilate a few times since April, just after the social worker and the educator thought she was ready to leave the group home. Since, she met a psychologist and a psychiatrist, but no report is available. [ 6 ] The youth's problems are increasing, and still, she is not evaluated.

Such evaluations were ordered previously because of all the traumas proved, but nothing is done yet. [ 7 ] To ensure her protection, the Director of Youth Protection asks to prolong her stay at the group home. [ 8 ] For the parents, their situation remains identical as the one described in 2009. They consume abusively alcohol and drugs. The father is very violent and is now serving imprisonment for a serious assault on the mother. [ 9 ] The mother is unstable and acknowledges she cannot assume the youth. She has irregular contacts with her daughter, even knowing that X misses her.

She may attend detoxification therapy soon. She does not know if she will return with the father. [ 10 ] The father's recommendation for the youth to attend the foster home of an aunt can be evaluated for the future. [ 11 ] Now, X's situation requires specialized services offered in a reception centre and a psychological and a medical investigations.

[ 12 ] Considering the evidence, [ 13 ] FOR THESE MOTIVES, THE COURT : [ 14 ] GRANTS the petition; [ 15 ] DECLARES that the security and development of X are still in danger; [ 16 ] ORDERS the placement of X in a reception centre for a period of six months; [ 17 ] RECOMMENDS her placement at the unit A in C town; [ 18 ] ORDERS that the youth be evaluated by a psychologist in a delay of 60 days and be offered a follow-up if needed; [ 19 ] RECOMMENDS an investigation of the Commission des droits de la personne et des droits de la jeunesse in the present situation; [ 20 ] ORDERS the Director of Youth Protection to supervise the visits and contacts between the youth, her parents and her siblings; [ 21 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and her parents for a period of one year; [ 22 ] ORDERS any police officer to collaborate in the execution of the present enactment; [ 23 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Alexandre Cimon, attorney for the petitioner Me Marie-Claude De Gagné, attorney for the mother Me Denis Trottier, attorney for the youth Date of hearing: August 31, 2011