2016 QCCQ 17111, 2016 QCCQ 17111
Opinion
Protection de la jeunesse — 168158 2016 QCCQ 17111 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 635-41-000688-165 DATE: December 15, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2000 MR [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, residing and domiciled in Town A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) and 75 Y.P.A., R.S.Q. 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 A submits to the Court a motion for revision of the decision rendered on February 17, 2016 by Honourable Lise Gagnon concerning the situation of X, born on [...], 2000. [ 2 ] He asks that the youth be entrusted in a rehabilitation centre with progressive reintegration with her parents as soon as her situation and the parents’ situation allow it. [ 3 ] At the hearing, the youth and her parents are present, assisted by Me Joanie Jacob and Me Marie-Claude De Gagné.
Me Geneviève Apollon assists the applicant Mr [Social Worker 1]. [ 4 ] The youth and her parents admit most of the facts alleged and the youth agrees with the recommendations included in the revision report. The parents would like that the youth remain with them, but finally, they agreed with the recommendations.
They are well aware of the youth’s problems, and as she agrees to collaborate and to receive the specific services she might require after participating to a psychiatric and psychological evaluations, they accept the recommendations. [ 5 ] The evidence reveals that X refused to submit herself to the psychological or psychiatric evaluation ordered last February.
Consequently, she continued to misbehave at the group home and it was impossible for her to reintegrate with her parents. [ 6 ] Over the last months, the youth had suicidal ideations, consumed alcohol, did not follow the rules of the group home, ran away and cut herself. She was also involved in an abusive relationship with her boyfriend in Town B. She did not collaborate with the educators of the group home, screaming, rebelling and opposing to them. [ 7 ] The mother struggled with alcohol consumption issues until September.
She was not very collaborative at first with the social worker, but now she seems more willing to collaborate as the father does. Those parents want the best for their daughter and are ready to adjust themselves to her needs.
Consequently, they are agreeing to meet the social worker regularly, to follow her recommendations and to support X during her medical and psychological evaluations. [ 8 ] While X tries to improve her behaviour at the reception centre, the social worker will try to get the appointments for the evaluations as soon as possible and to offer her all the specific services she might needs following the results of the evaluations. [ 9 ] Considering the evidence and the parties’ agreement with the measures, FOR THESE MOTIVES, THE COURT:
[ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and development of X are still in danger; [ 12 ] ORDERS the placement of the youth X in a rehabilitation centre with possible reintegration with the parents as soon as her situation and the parents’ situation allow it; [ 13 ] ORDERS that the youth be evaluated by a psychiatrist and a psychologist as soon as possible and that the recommendations be followed; [ 14 ] ORDERS the Director of Youth Protection to provide the youth the services of an external educator during her reintegration with her parents until August 17, 2017; [ 15 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and her parents until August 17, 2017; [ 16 ] ORDERS the parents to remain sober in presence of the youth; [ 17 ] ORDERS the parents to collaborate intensively with the social worker; [ 18 ] ORDERS the police to collaborate with the execution of the present judgment; [ 19 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.
Me Geneviève Apollon Attorney for the applicant Me Marie-Claude De Gagné Attorney for the parents Me Joanie Jacob Attorney for the youth Date of hearing: November 8, 2016
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