2012 QCCQ 15587, 2012 QCCQ 15587
Opinion
Protection de la jeunesse — 123260 2012 QCCQ 15587 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N o : 640-41-001007-076 DATE: April 26, 2012 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born[...], 1996 MRS [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A C.Y.P.C., Quebec, district A Petitioner and MRS A, residing and domiciled in own A, Quebec, district A Mother ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) Y.P.A. , chap.
P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] The Director of Youth Protection A C.Y.P.C. asks the Court to review and to extend the last judgment rendered on October 12, 2011 by Honourable Judge Lise Gagnon concerning X, born [...], 1996. He asks for an extension of six months of the placement in a foster family to be in a position to prepare a life project. [ 2 ] At the hearing, the mother and the youth are present, represented by Me Angela Tommasel and Me Yan Massé.
Me Robert- André Adam represents the petitioner. [ 3 ] The parties admit many allegations and agree with the recommendations. A revision report is filed. [ 4 ] Evidence reveals that the mother's situation remains the same, and consequently, is still problematic. She consumes alcohol abusively. As the youth has regular contacts with her, this relationship creates often negative impact on X. [ 5 ] As evaluated by the psychologist Dr Beltempo, the youth developed with time an anxious avoidant attachment problem. She suffered from many forms of rejection and abandonment from her mother and the previous foster family.
Consequently, she behaves doing and achieving the opposite of what she wants. She provokes until abandonment of the adults in her surroundings. [ 6 ] Since the last Court order, X moved three times from foster families. On November 14, 2011, while intoxicated, she assaulted the foster mother. On December 12, 2011, she tried to run away from the foster family while they were visiting down South. On December 22, the foster parents declared they were overwhelmed and the youth was removed to another foster family. She remained there for two months and some problems happened.
Since February 26, she evolves in a new foster family. The foster mother knows X because she worked before at the group home where the youth was placed three years ago. Since she is there, X's situation improved. [ 7 ] The youth agrees to stay in that foster family. [ 8 ] Considering that the legal delay of placement is reached and that a life project should be prepared, it is the last chance offered to the youth to remain in a foster home. [ 9 ] She still has behavioural problems and contacts with her mother should be restricted and supervised in presence of a responsible adult.
Otherwise, the only alternative will be for her, to ensure her stability and security and to learn to respect authority, to be placed in a reception centre. [ 10 ] The youth needs to receive services of an educator to facilitate her integration in the foster family and to beneficiate of a regular follow-up with the psychologist. [ 11 ] THEREFORE, THE COURT :
[ 12 ] GRANTS the petition; [ 13 ] DECLARES that the security and development of X are still endangered; [ 14 ] ORDERS the placement of X in a foster family for a period of six months; [ 15 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and her mother for a period of six months; [ 16 ] ORDERS the Director of Youth Protection to provide a psychological follow-up to the youth; [ 17 ] ORDERS the Director of Youth Protection to provide X re-education services given by an educator for a period of six months; [ 18 ] ORDERS the Director of Youth Protection to supervise contacts between the youth and her mother (frequency, duration and presence of a third person); [ 19 ] ORDERS any police officer to collaborate in the execution of the present Court order; [ 20 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.
Me Robert-André Adam, attorney for the petitioner Me Angela Tommasel, attorney for the mother Me Yan Massé, attorney for the youth Date of hearing: April 3, 2012
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