2014 QCCQ 15431, 2014 QCCQ 15431

Protection de la jeunesse — 142988 2014 QCCQ 15431 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001748-141 DATE: July 17, 2014 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 1998 MRS SOCIAL WORKER 1, youth protection worker, duly authorized by the Director of Youth Protection A, A town, Quebec, A district Applicant and MRS A, residing and domiciled in A town, Quebec, A district Mother and MR B, residing and domiciled in B town, Quebec, A district Father ______________________________________________________________________ JUDGMENT (sections 38 and 91 YPA, 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 YPA). [ 1 ] Mrs SOCIAL WORKER 1, delegate of the Director of Youth Protection A, is submitting a petition to declare that the security and development of X, 16 years old, are in danger with regard to

section 38 (

f) of the Youth Protection Act. [ 2 ] At the hearing, the mother is present, assisted by Me Ratha Heang. The youth is present with his counsellor, Me Michel Grenier. Me Suzanne Arpin represents the applicant. The father is absent. He is not involved in X's life. [ 3 ] Most of the allegations of the Director of Youth Protection were admitted. The evidence showed the following facts. [ 4 ] X has behavioural problems. He refuses to attend school. He frequents homes of people known in the community for selling drugs. He is associated with people who have bad influence and who accentuate his behavioural problems.

Many of those people are members of the extended family. [ 5 ] He was placed in foster home since October 2013 on voluntary measures, but he does not respect any rules (curfews, drinking alcohol, running away on two occasions). The foster parents are unable to enforce structures or consequences. They are overwhelmed. [ 6 ] The youth's mother was arrested on April 23, 2014 for drugs trafficking. She is detained.

When she was arrested for trafficking cocaine, X was arrested for many breaches of probation at his cousin's place who was also arrested for drugs trafficking. [ 7 ] Considering that the parents are unable to structure the youth and the seriousness of the behavioural problems he developed, the Court declares his security and development in danger. [ 8 ] As appropriate measures that would put an end to the situation and in X's best interest, the social worker recommends his placement in a reception centre for six months.

A social report is filed in evidence. [ 9 ] The youth needs to develop insight autonomy and a sense of responsibility. He must accept authority and learn to comply with the rules. He needs rehabilitation services to optimize his development. [ 10 ] The placement's duration depends of the youth's motivation and determination to avail himself of the services he will be offered. Placement for a minimum of six months is required. [ 11 ] Considering the evidence and the parties' agreement with the recommendations, FOR THESE MOTIVES, THE COURT:

[ 12 ] DECLARES the security and development of X in danger; [ 13 ] ORDERS the placement of X in a the reception centre for a period of six months; [ 14 ] ORDERS that the youth attend therapy for his consumption's problem (alcohol and drugs); [ 15 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and his mother for a period of one year; [ 16 ] ORDERS the youth to actively cooperate with the social worker; [ 17 ] ORDERS the Director of Youth Protection to supervise contacts and visits of the youth to his mother; [ 18 ] ORDERS the mother so seek help for her alcohol and drugs problems; [ 19 ] ORDERS any police officer to cooperate in the execution of the present judgment; [ 20 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Suzanne Arpin Attorney for the applicant Me Ratha Heang Attorney for the mother Me Michel Grenier Attorney for the youth Date of hearing: May 28, 2014