2017 QCCQ 19917, 2017 QCCQ 19917
Opinion
Protection de la jeunesse — 1710339 2017 QCCQ 19917 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000227-175 DATE: August 28, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2002 TEENAGER ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act CQLR c.
P-34.1) ______________________________________________________________________ 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 submits a motion asking the Court to declare that the security and development of X, 15 years old, are endangered pursuant to
section 38 (
f) of the Youth Protection Act . [ 2 ] At the hearing, both parents are present and chose to represent themselves.
X, also present, is represented by M e Constantin Kiryakidis, and M e Camille Champeval acts on behalf of the applicant. [ 3 ] All the allegations of the motion are admitted by the parties, which are: - For a certain period of time, the child has been exhibiting behavioural disturbances; - She has been expressing suicidal thoughts and making suicidal attempts in November 2016 and February 2017; - On January 31 st 2017, she was hospitalized at the Chisasibi Hospital after she swallowed multiple pills; - On February 4 th , she was released from the Chisasibi Hospital with a recommendation that she undergo a psychiatric assessment; - The child was entrusted to a rehabilitation center under voluntary measures; - On March 10, 2017, X was admitted at the Montreal Children’s Hospital for suicidal ideations; - At that time, it was not possible to undergo the psychiatric assessment and she was released from the hospital on March 13 without the Director of Youth Protection being informed; - The child returned to the community on March 20 th and was entrusted to her parents under voluntary measures; - On May 21 st , she was admitted again at the Chisasibi Hospital for a suicidal attempt.
At that time, X was under the care of a babysitter while the parents were away; - She said that she drank alcohol and Javex and took Tylenol;
- However, after investigation, there were no traces of alcohol in her system, but some traces of Javex; - During her stay in the Chisasibi Hospital, the medical team stated that X needed to be closely monitored because of her suicidal ideations; - On May 27, during the night, the child left the hospital without authorization and was later found intoxicated with alcohol; - On May 27, immediate protective measures were applied and X was placed in a reception center; [ 4 ] The evidence reveals that on June 7, the teenager was transferred to Batshaw for a 30-day placement.
She underwent a psychiatric assessment, which is filed in evidence. Both parents collaborated with the psychiatrist and now have a better understanding of X’s needs. [ 5 ] The Director of Youth Protection recommends that the child be entrusted to her parents and that services be provided to the family. At the present time, X and her parents offer a very good collaboration and X receives counselling with a psychologist. These measure are likely to put an end to the situation that endangers the teenager.
FOR THESE MOTIVES, THE COURT: [ 6 ] GRANTS this motion; [ 7 ] DECLARES that the security and development of X are endangered pursuant to
section 38 (
f) of the Youth Protection Act ; [ 8 ] ORDERS that X be entrusted to her parents; [ 9 ] ORDERS that X and her parents follow the recommendations of Dre.
Joyce Canfield who proceeded to the psychiatric assessment of X; [ 10 ] ORDERS that X continue counselling with a psychologist; [ 11 ] ORDERS X to attend school on a regular basis; [ 12 ] ORDERS X and her parents to receive family counselling and to collaborate with the professionals; [ 13 ] ORDERS X to attend scheduled meetings with the Youth Protection worker; [ 14 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the family for a period of one year; [ 15 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.
M e Camille Champeval DPJ A Counsel for the applicant M e Constantin Kiryakidis Centre communautaire juridique A Counsel for the teenager Date of hearing: July 27, 2017
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