2015 QCCQ 17747, 2015 QCCQ 17747

Protection de la jeunesse — 155671 JP2189 2015 QCCQ 17747 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division File number : 145-41-000274-073 DATE: November 13, 2015 ______________________________________________________________________ BY THE HONOURABLE DENIS PARADIS, C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION , Petitioner -and- X , born on [...], 2000 Adolescent -and- A , -and- B , Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] A petition for revision of an order in respect of X, born on [...], 2000, is referred to the Court by the director of the youth protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] In substance, the petitioner asks this Court that X be entrusted to a rehabilitation center until April 30, 2016. [ 3 ] At the hearing, the parents are absent. In fact, nobody has any address to reach them. X is present and assisted by his counsel. [ 4 ] X’s lawyer consent of exhibits D-2 at D-7 submitted for the testimony of the author.

The exhibits are the following : D-2, psychosocial report of Mrs [Social Worker 3], D-3, observation and evaluation report, by Mrs [Social Worker 1], D-4, end of stay for X, by Mrs [Social Worker 1], D-5, progress report, signed by Mr [Social Worker 2], D-6, update to progress report, by Mr [Social Worker 2], D-7, letter of the principal of the [School A], Mrs C. [ 5 ] X denies some allegations in the motion but he agrees, for the essential, at the situation described in it. [ 6 ] At the end of the hearing, the Court grants the motion with the amendments suggested by both lawyers.

This is the written judgment according to the law. THE EVIDENCE [ 7 ] X has 15 years old. Since 2007, he lives in the same foster family of his aunt D. He’s affected by an attention deficit with hyperactivity and a foetal alcohol syndrome.

[ 8 ] Since April 2015, nothing goes well for him. He was found in possession of drug paraphernalia and alcohol at school and was suspended for that. He has some difficulties in his relationship with his aunt. [ 9 ] He left home without permission, he got marijuana, he ran away from the rehabilitation center, and he become aggressive and violent.

Mrs [Social Worker 3] wrote in her report: “ His behavior since going home on September 2, 2015, has been unacceptable and he is not taking full responsibility for his actions and does not feel ready to try to change his conduct [1] ” . [ 10 ] Mrs [Social Worker 3] adds: “ He needs to take control of his behavior and take responsibility before someone really gets hurt or he hurts himself while on the run. [ … ] X still requires the structure and discipline of a Rehabilitation Center.

He has shown some concerning behaviors while placed there during his Emergency Measures, such as the homemade tattoo, burn marks in his arm and attempting to smoke marijuana in his room [2] . “ [ 11 ] Mrs C, Principal of the [School A], notes that “ X has expressed that he has difficulty managing anger. Over the past couple of months we have also noticed a definite change in X’s behaviour.

He has become more defiant and staff members have reported that he often is acting out of character… not himself [3] .” [ 12 ] Mrs [Social Worker 1], in her observation and evaluation report, concludes in the following manner: “ X’s adaptation to the services is surface; he does follow along in the structured environment with the adult’s close guidance. [ … ] X is a follower, has a low self-esteem. He will follow the other youth’s lead.

He is stimulated by his peers, he will try to impress them; wants to fit in. [ … ] Foster parents D and E, are involved with X’s extracurricular activities. […] X will tell D and E “ I love you” when they are living [4] . “ [ 13 ] Although the visits have gone well at his foster family, “ not enough progress has been made to show that if placed in a difficult situation, X would be able to handle the pressure successfully. He has admitted that if things got tough at home that he would just run away again [5] . “ [ 14 ] Obviously, X and his foster family have to rebuild their relationship.

X will become and adult tomorrow. He must take an other way as soon as possible, if he wants a best lifestyle, and a better future. [ 15 ] Considering the whole evidence, the consents of the parties and the interest of the adolescent, the Court grants the motion according to the recommendations, including the amendments made at the hearing. WHEREFORE, THE COURT: [ 16 ] GRANTS the petition for revision of order; [ 17 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 18 ] ORDERS that X be entrusted to a Rehabilitation Center until April 30, 2016; [ 19 ] RECOMMENDS X have a updated psychological evaluation completed in order to fully understand all his needs; [ 20 ] ORDERS that X and his family participate with an External Educator to work on personal issues, parenting skills, communication, discipline and structure; [ 21 ] RECOMMENDS that X participates with an Addictions Counselor as long as deemed necessary; [ 22 ] ORDERS that X and his family actively participate in the application of the measure intended to put an end to the situation of endangerment; [ 23 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to X and his family until April 30, 2016; [ 24 ] ENTRUSTS the situation of X to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ DENIS PARADIS, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Alexis Deschênes

for the adolescent Date of hearing: October 28, 2015