2011 QCCQ 6218, 2011 QCCQ 6218

Protection de la jeunesse — 111333 2011 QCCQ 6218 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000345-105 DATE: March 2, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Adolescent and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for revision and extension of an order in respect of X (1995 […]) is referred to the Court by the Director of youth protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] On October 6, 2010, the Court declares that the security and development of this adolescent are considered to be in danger and orders that she be entrusted to her mother with supportive and follow-up measures until April 30, 2011 for the reasons enunciated in the judgment. [ 3 ] The petition is based on the following assertions and facts which describe quite well the situation of X and her mother since the last order :

a) on August 25, 2010, X was entrusted provisory to a rehabilitation center ;

b) X left the rehabilitation center to return with her mother on October 6, 2010 ;

c) the situation was still fragile but both of them agreed to receive services ;

d) on December 30, 2010, an emergency measures was applied to entrusted X to a rehabilitation center ;

e) on January 5, 2011, an immediate protective measures was extend for a period of five working days ;

f) after a meeting with the interveners, X and her mother, it was planned to return her home on January 10, 2011 ;

g) on January 9, 2011, X had made a suicide attempt by cutting herself and she was immediately hospitalised ;

h) X was placed in rehabilitation center because she was having behavioural problems such as : 1) not respecting the rules at home ; 2) using drugs such as marijuana and cocaine ; 3) hanging in areas with older men who are using drugs and drinking alcohol abusively ; 4) placing herself in danger ; 5) threatens to run away while home ; 6) having negative attitude ; 7) refusing to attend school regularly ; 8) does not want to take responsibility for her actions ;

i) X needs to stop acting out and to receive daily professional services ;

j) the mother is willing to receive counselling and she is very concerned about X's behaviours. [ 4 ] At the hearing, the adolescent (assisted by her lawyer) and her mother are present. [ 5 ] The mother admits the situation but would prefer that her daughter returns home as of today. [ 6 ] The adolescent's lawyer declares that X accepts the recommendations of the Director of youth protection whose lawyer informs the Court that there is a plan for X to integrate A program rehabilitation center. [ 7 ] The father is absent and unrepresented. [ 8 ] The Court studied the petitioner's psychosocial report as well as several reports from educators (B program and C program). [ 9 ] Considering the report's content, the admission of the mother and the position of the adolescent, the Court grants the petition in the sense of the recommendations of the Director of youth protection.

WHEREFORE, THE COURT : [ 10 ] DECLARES that the security and the development of X are still considered to be in danger according to

section 38 of the Youth Protection Act ; [ 11 ] ORDERS that X be entrusted to a rehabilitation center designated by the Director of youth protection until May 31, 2011 ;

[ 12 ] ORDERS that X be entrusted to her mother after the period of placement ; [ 13 ] ORDERS that X benefits from more visits at her mother's ; [ 14 ] ORDERS that X benefits from a psychological evaluation and follow-up if deemed necessary ; [ 15 ] ORDERS that Mrs B benefits from the follow-up with an external educator regarding her parenting skills ; [ 16 ] ORDERS that X and Mrs B actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 17 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and her family ; [ 18 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until March 30, 2012, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Me Marie-Christine Gagnon, for the adolescent Mrs B, the mother Mr A, the father (absent)