2021 QCCQ 977, 2021 QCCQ 977
Opinion
Protection de la jeunesse — 2183 2021 QCCQ 977 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] LOCALITY […] Youth Division No. 640-41-001542-122 DATE : January 8 th , 2021 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q.
IN THE SITUATION OF: X, born on […], 2004 Child and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A of Health and Social Services A, working in Town A Applicant and A Mother B Father JUDGMENT JG1314 Warning: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified.
Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.) [ 1 ] The Director of Youth Protection (the “Director”) submitted an application for a review of the decision rendered on January 10 th , 2020 entrusting the youth to a rehabilitation centre for a period of one year, authorizing the reintegration of the youth in a foster home if the situation allows it after nine months along with several supporting measures including aid, counselling and assistance until January 10 th , 2020. [ 2 ] The Director alleged a long series of facts.
This judgment refers to those facts. [ 3 ] The father admits all the alleged facts that he is aware of. He ignores others. With regards to the recommendations, he will follow the position of the youth, he agrees with all the recommendations. He would like to have contacts with the youth, nevertheless, he understands he needs to meet the worker before. [ 4 ] The youth admits the essential of the alleged facts. She agrees with the recommendations. However, she is not too happy to stay in a rehabilitation centre. She understands that she needs to make positive actions, she is willing to do so.
[ 5 ] The evidence reveals the following facts. [ 6 ] Since the previous judgment, the youth remained in the rehabilitation centre, she continued to leave the centre without permission and without telling of her whereabouts and returning highly intoxicated. She also exhibited aggressive behaviours toward others.
Therefore, it has been impossible to entrust the youth to a foster home. [ 7 ] The youth is very resistant to seek help for personal issues, in particular, she refuses to continue seeing a psychologist. [ 8 ] The father’s situation remains the same, he has minimum contacts with the worker, and he has made commitment to meet but did not follow through. The father requested to have the youth for Town B but was instead encouraged to see the youth at the rehabilitation centre on a regular basis. He did not do so. [ 9 ] As for the mother, she is now in Town C going from home to home.
She continues to drink. [ 10 ] The former foster mother, C, continues to see the youth with day passes. [ 11 ] The youth needs to continue to receive psychological counselling and support. She also needs to show she is willing to collaborate and prove she can do well in order to be moved to a foster home. [ 12 ] At the present time, the evidence reveals that the youth continue to need a safe and structured environment. [ 13 ] The worker underlines the importance for the youth “to continue her education.
She is young and is in secondary 4, she only has two more years to go to receive her High School Diploma that would benefit her in the future when applying for employment”. The undersigned encourages the youth to persevere in her studies. She deserves to have a bright future.
THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES that the security and development of the adolescent are still in danger; [ 16 ] ORDERS that X be entrusted in a rehabilitation center for a period of 9 months, with reintegration to a foster home in six months, if the situation allows; [ 17 ] ORDERS that the frequency and conditions of contact between the child and the parents be supervised by the DYP, and with supervision of a third party if necessary. [ 18 ] ORDERS that the parents refrain from being under the influence of all substance during contacts with their daughter; [ 19 ] ORDERS that the youth be evaluated for ADHD and follows recommendations; [ 20 ] ORDERS that the youth continues to receive counseling and attends all appointment scheduled; [ 21 ] ORDERS that the youth attends a school or another place of learning or participates in a program geared to developing skills and autonomy; [ 22 ] AUTHORIZES the DYP to obtain and share information with all service providers working with the adolescent and her family; [ 23 ] ORDERS that aid, counsel and assistance be provided to the youth and her family for a period of nine months, until October 08, 2021. [ 24 ] ENTRUSTS the youth’s situation to the DYP for the execution of the present order. ___________________________________ LUCIE GODIN, J.C.Q.
Me Fanny Wylde Counsel for the child Me Adelia Ferreira Counsel for the Director of Youth Protection
Me Michel Grenier Counsel for the father Date of hearing: January 8 th , 2021
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