2016 QCCQ 16901, 2016 QCCQ 16901

Protection de la jeunesse — 167810 2016 QCCQ 16901 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division No.: 635-41-000220-084 DATE: December 2, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on September 4, 2002 MRS [SOCIAL WORKER 1] and MR [SOCIAL WORKER 2], youth protection workers, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicants and MRS A, residing and domiciled in Town A, Quebec, District A Mother ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) and 75 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 (D.Y.P.) of the A C.Y.P.C. submits to the Court a motion for revision of a decision rendered on November 9, 2015 by Honourable Jean Gravel concerning the situation of X, born on […], 2002. [ 2 ] The D.Y.P. asks the placement of the youth in a reception centre for a period of six months. [ 3 ] At the hearing, the mother and the youth are present. The youth is assisted by Me Joannie Jacob.

Me Geneviève Apollon assists the applicant, Mrs [social worker 1]. [ 4 ] The parties admit most of the allegations. The mother would like to assume her son right now, but evidence reveals that she is unable to impose any authority on him. She now lives in Town A and still works at A Mine. She has regular contact with her son, but never discuss with him the importance to take his medication or to attend school regularly. She does not feel that her son is open to her.

There is no significant communication between them. [ 5 ] During his placement in a foster home last summer, the youth was arrested on July 12 for cruelty towards animals. Also, he does not attend school regularly and he misbehaved there. Being diagnosed for hyperactivity, the youth refused to take his medication. Last September 22, he was also diagnosed for tuberculosis and yet refused to take the medication prescribed. [ 6 ] In the foster family, X did not respect the rules and curfews. He needs to evolve in a structured setting and the mother is not able to offer him such a milieu.

She still displays alcohol consumption issues and is involved in a violent conjugal relationship. [ 7 ] The evidence reveals that a closed supervision of the contacts with his mother were necessary during his placement in the foster family to ensure his safety. [ 8 ] Considering the admissions, the testimony and the revision report of the social worker, the Court believes that X needs rehabilitation services. The mother has some personal issues to work on and must develop parental capacities in such way that she will be able to provide structure, guidance and counselling to her son.

FOR THESE MOTIVES, THE COURT: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of X are still in danger; [ 11 ] ORDERS that the youth X be entrusted to a reception centre for a period of six months with reintegration with his mother if her situation allows it;

[ 12 ] ORDERS that the youth attend school regularly; [ 13 ] ORDERS the mother to seek help through Social Services concerning her personal issues; [ 14 ] ORDERS that the youth receive the services of an external educator when reintegrated with his mother; [ 15 ] ORDERS the youth to take his prescribed medication on a regular basis; [ 16 ] ORDERS the D.Y.P. to provide the medical services including a psychologist to the youth and that he beneficiates of follow-up if required; [ 17 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and the mother until August 31, 2017; [ 18 ] ORDERS the police to collaborate in the execution of the enactment; [ 19 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Geneviève Apollon Attorney for the applicants Me Joannie Jacob Attorney for the youth Date of hearing: November 7, 2016