2012 QCCQ 7945, 2012 QCCQ 7945

Protection de la jeunesse — 121668 2012 QCCQ 7945 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 635-41-000246-089 DATE: April 26, 2012 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born […] , 1997 SOCIAL WORKER 1 , Youth Protection Worker, duly authorized by the Director of Youth Protection of the A, working in A Applicant v.

A , residing and domiciled in B, district of A, province of Quebec Mother and B , residing and domiciled in C, district of A, province of Quebec Father ______________________________________________________________________ JUDGMENT ( Sections 95 ( par.1) and 75 , Youth Protection Act, R.S.Q. c. P-34.1 ) ______________________________________________________________________ I – INTRODUCTION [ 1 ] The Court is seized of a motion to review, under

section 95 of the Youth Protection Act , the situation of X B, born[…] , 1997. [ 2 ] At the hearing, the parents were present. The mother was represented by counsel. The parents are separated and live in different communities. [ 3 ] The applicant, Mr. social worker 1, Youth Protection Worker for the Director of Youth Protection, is seeking a placement in rehabilitation centre for a period of twelve (12) months. II – THE FACTS [ 4 ] On September 5, 2011, the youth ran away from the A Group Home.

When she was found by the police she displayed aggressive behaviour and assaulted the police officer. [ 5 ] On September 12, 2011, she ran away again from the Group Home. She was then hospitalized for suicidal ideations. [ 6 ] On September 15, 2011, the youth verbalized to a Youth Protection Worker that she had been sexually abused by her uncle when she was living in city D. She refused to collaborate with the police officer after that statement. Her young sister confirmed that they witnessed their uncle sexually abusing X. [ 7 ] On September 19, Dr. Nelson G.

Tardif, psychologist, assessed the youth and concluded that she has an intellectual disability. [ 8 ] On September 30, 2011, Dr. Larose, a child psychiatrist, reported symptoms of foetal alcohol syndrome and a deficit disorder with hyperactivity. He strongly recommended that the youth integrate as soon as possible a specialized rehabilitation centre. Dr. Larose believes that the Group Home is not adapted to the needs of the youth. She is highly vulnerable because she is extremely influenced by her environment. [ 9 ] On October 6, 2011, she was transferred to B Rehabilitation centre in city A.

A request for services was made to the "centre de réabilitation C ", a specific resource that can meet the needs of the youth as recommended by the child psychiatrist and the psychologist. [ 10 ] On December 1, 2011, she was hospitalized because she was self-harming. She was seen by Dr. Lamarre who recommended that she integrate as soon as possible a specialized resource. She stated that the A Centre is not an appropriate environment for a youth with an intellectual disability. [ 11 ] On December 1, 2011, the "Centre de réadaptation D" accepted the request for services.

III – MEASURES TO BE REVIEWED [ 12 ] In the last six (6) months, the mother offered very good collaboration to the Director of Youth Protection. She kept regular contacts with her daughter. The father was detained in E until December 28, 2011. The youth visited her father at the E prison on one occasion. Both parents want the best for their child. However, they would have to be actively involved in their child rehabilitation process in order to increase their parental abilities. [ 13 ] X has special needs as identified by the psychological and psychiatric assessments.

She needs a structured environment with positive peers, considering her vulnerability. [ 14 ] Currently, the parents' situation is still unstable and they do not have yet the right abilities and proper environment to meet their child's individual needs.

They will have to be involved with the designated resource to increase their understanding of their child's needs. [ 15 ] The Court is convinced that it is in the best interest of X to be placed in a specialized resource for a period of twelve (12) months, as recommended by the professionals. [ 16 ] FOR THESE MOTIVES, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of X B, born […] 1997, are still in danger; [ 19 ] ORDERS the placement of X in a reception centre for a period of twelve (12) months with reintegration with the mother if the situation allows; [ 20 ] RECOMMENDS that X be placed in the "Centre de réadaptation D " to meet her needs. [ 21 ] ORDERS that X receive psychological and psychiatric support for as long as requested by the professionals; [ 22 ] ORDERS that the Youth Protection Services of the A Health Centre provide aid, counsel and assistance to the parents and the child during a period of eighteen (18) months; [ 23 ] ORDERS that contacts between the youth and the parents be supervised by the Director of Youth Protection as for the terms and conditions; [ 24 ] ORDERS the parents to collaborate actively with the Director of Youth Protection in that matter; [ 25 ] ENTRUSTS the situation of X ot the Director of Youth Protection for the purpose of executing this decision. __________________________________ RENÉE LEMOINE, J.Q.C.

Me Mathieu Brassard For the youth Me Marianne Bourget-Gagnon For the applicant Me Marie-Claude Degagné For the mother Date of hearing: February 21, 2012