2012 QCCQ 17512, 2012 QCCQ 17512
Opinion
Protection de la jeunesse — 126917 2012 QCCQ 17512 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N o : 640-41-001422-119 DATE: November 26, 2012 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 1995 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services of City A, Quebec, district A Petitioner and MRS A, residing and domiciled in Town B, Quebec, district A Mother ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) Y.P.A. , chap.
P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] Mrs [social worker 1], delegate of the Director of Youth Protection of the A Board of Health and Social Services of City A, asks the Court to review the decision rendered on February 8, 2012 by Honourable Judge Paul Chevalier. She asks for the youth's placement in a reception centre until her majority. [ 2 ] At the hearing, X, 17 years old, is present and represented by Me Yan Massé. Me Gabriel Gaudreault represents the petitioner. The mother is absent, even if duly served.
She left to attend a therapy in Oka and previously informed the social worker and the youth that she agree with the recommendations. [ 3 ] The evidence of the new facts in support of the revision is based on admissions made by the youth, the testimony of the social worker and her revision report filed. [ 4 ] It is proved that the youth has serious behavioural problems, that she consumes drugs and alcohol, that she does not respect authority and that she is impulsive and aggressive.
Last June 22, the social worker was informed that the youth was drinking with her mother, and when she arrived at their place, she found the mother passed out on the couch and could not find the youth. [ 5 ] On July 30, the mother went in a bush program for ten days, and meanwhile, the youth was placed temporarily in a foster home. She ran away during the night on August 8 and stole money from the foster parents.
Since August 16, she is placed at the reception centre, but she ran away twice in September. [ 6 ] The youth and her mother do not collaborate with the social worker. [ 7 ] Even with the clear message given by Judge Chevalier in his judgment, the mother and the youth continued to behave as they used to do. [ 8 ] Consequently, the Court has the obligation to provide a secure, stable and structured environment to the youth until she turns 18 years old and to provide her the services in detoxification she urgently needs. [ 9 ] Considering the evidence and the parties' agreement, [ 10 ] FOR THESE MOTIVES, THE COURT : [ 11 ] GRANTS the petition; [ 12 ] DECLARES that the security and development of X are still in danger; [ 13 ] ORDERS the placement of X in a reception centre for a period of seven months, until her majority, and takes note that she
needs closed supervision; [ 14 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and her mother for the duration of the present judgment; [ 15 ] ORDERS the Director of Youth Protection to provide a detoxification treatment to the youth; [ 16 ] WITHDRAWS some parental authority and AUTHORIZES the Director of Youth Protection to file the application to get the medical card for the youth and to sign all the documents for medical services; [ 17 ] ORDERS the mother and the youth to collaborate actively with the social worker; [ 18 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 19 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.
Me Gabriel Gaudreault, attorney for the petitioner Me Yan Massé, attorney for the youth Date of hearing: October 15, 2012
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