2015 QCCQ 11356, 2015 QCCQ 11356
Opinion
Protection de la jeunesse — 151967 2015 QCCQ 11356 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-000452-018 DATE: March 24, 2015 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 1997 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A Applicant and A, residing and domiciled in City B, [province A] Mother and B, residing and domiciled in City A, Quebec, district A Father ______________________________________________________________________ JUDGMENT ( sections 75 , 76.1 , 79, 91 and 95 of the Youth Protection Act , R.S.Q. c.
P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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 submitted a motion asking the Court to review the situation of X, 17 years old. He asked the Court for the youth's placement in a specific foster home residing in City C, [province A].
The recommendation of the applicant includes external follow-up by the City C Treatment Center. [ 2 ] X already completed a round of treatment at the City C Treatment Center in 2013. Shortly after returning to her community, she relapsed. [ 3 ] According to the testimony of the applicant, there were no real improvements in X’s situation during the placement in a reception center. [ 4 ] Despite the absence of progress, she recommends placement in a foster home for her. The specific foster home is known to X because she lived there in the past.
The foster mother is a former worker from the treatment center who has a very good understanding of X needs. She is able to provide a structured environment and work to develop X autonomy. [ 5 ] The short period of time left until X reaches her majority leaves us with fewer solutions.
The Court could decide that the behavioural problems need to be addressed in a reception center until her majority or it could accept a plan proposed with the consent of the youth, who wants to move to another community and receive external services for her addiction problems. [ 6 ] The Court believes, in the particular context of the youth's situation, that it is preferable to opt for a protection plan with which she agrees. [ 7 ] As mentioned previously in a Court judgment, X is a very intelligent young person who can achieve whichever goal she sets for her future. [ 8 ] Until her majority, she will be placed in the foster home of C, an environment that can provide guidelines and support to improve her behaviour.
FOR THESE REASONS, THE COURT: [ 9 ] GRANTS this motion; [ 10 ] DECLARES that the security and development of X, born on […], 1997, are still in danger;
[ 11 ] ORDERS placement of the teenager in the foster home of D until February 11, 2015, followed by the foster home of C in City C until she reaches her majority; [ 12 ] ORDERS that aid, counselling and assistance be provided to the youth and her family until her majority; [ 13 ] ORDERS that the teenager receive external services from City C Treatment Center; [ 14 ] ORDERS the police to cooperate in the execution of this order; [ 15 ] ENTRUSTS the situation of the child to the Director of youth Protection for the execution of this judgment; [ 16 ] ORDERS that contact between the child and the parents be supervised by the Director of Youth Protection as to frequency and terms. __________________________________ RENÉE LEMOINE J.C.Q.
Mtre. Myriam Gaudreault Counsel for the teenager Mtre. Gabriel Gaudreault Counsel for the applicant Mtre. Clara Egervari Counsel for the mother Date of hearing: January 27, 2015
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