2018 QCCQ 12715, 2018 QCCQ 12715
Opinion
Protection de la jeunesse — 183031 2018 QCCQ 12715 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000337-102 DATE: May 2, 2018 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2004 Adolescent and A Mother/Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 (DYP) asks the Court to revise and extend a previous judgment rendered in June 2017, entrusting the adolescent to a rehabilitation center. [ 2 ] Despite the steps undertaken, the DYP is unable to locate the mother and therefore the application was not served to her.
The mother would be in City A area, but neither the social worker nor the youth knows exactly where she lives. [ 3 ] For several months, following the last judgment, the youth’s behaviour is appropriate, both in the unit and at school. [ 4 ] However, the situation changes drastically a couple of months ago. The adolescent struggles with respecting rules and authority. She shows aggressive behaviour, to the point of damaging her room. She is sometimes loud and disrespectful in class.
The youth also displays a lack of boundaries with the workers of the rehabilitation center and can act inappropriately with some male workers. [ 5 ] The youth is emotionally unstable and suffers from attachment issues. She also has to deal with social anxiety. She spent most of her life in foster care. [ 6 ] On the other hand, the adolescent’s development of autonomy has improved, as well as her self-image. [ 7 ] Unfortunately, the youth cannot rely on any support from her mother.
The mother leaves this area several months ago and it is very difficult to get in touch with her ever since. [ 8 ] The youth states the rehabilitation center is a safe and secure place for her, where she can get the help she requires. She agrees to stay there, according to the DYP’s recommendations. [ 9 ] The evidence convinces the Court that the application is well founded. WHEREFORE, THE COURT:
[ 10 ] DISPENSES from service of the application to the mother; [ 11 ] GRANTS the application for revision and extension of order; [ 12 ] DECLARES that the security and development of X are still considered to be in danger according to
section 38 of the youth protection act ; [ 13 ] REVISES AND EXTENDS the Court order rendered on June 7, 2017; [ 14 ] ORDERS that the adolescent be entrusted to a rehabilitation centre until May 30, 2019; [ 15 ] ORDERS that contacts between the adolescent and her mother be determined by agreement between the parties, and AUTHORIZES the DYP to supervise them; [ 16 ] RECOMMENDS that the adolescent benefit from a psychological follow-up and a psychiatric evaluation; [ 17 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and her family until May 30, 2019; [ 18 ] ENTRUSTS the situation of the adolescent to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.
Me Louyse A. Lemieux for the applicant Me Isabelle Gagnon for the adolescent Mrs. A the mother (absent) Written judgment filed on May 4, 2018
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