2012 QCCQ 12365, 2012 QCCQ 12365

Protection de la jeunesse — 124197 2012 QCCQ 12365 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000375-110 DATE: August 15, 2012 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Adolescent and A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for revision of an order in respect of X (1994-[…]) is referred to the Court by the Director of youth protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] The petition, dated April 3, 2012, is based on the following assertions and facts :

a) X is entrusted to A Unit since October 2011 ;

b) X has contacts with his mother but he does not visit her much anymore ;

c) when he had outings at his mom’s, X said there was not enough food and the mother did not pay attention to him ;

d) the mother cooperates to the best of her abilities, but she has limited parental capacity ;

e) in school, X lacks motivation, does not apply himself and sometimes skips classes ;

f) X still shows some oppositional behaviour, but there is improvement on that matter ;

g) in A Unit, X is generally polite and helpful ;

h) X has to deal with self-esteem issues and he is very hard on himself ;

i) X refuses to be entrusted to a foster family and wants to take care of himself ;

j) X will turn 18 next December and will be on his own with minimal support from extended family ;

k) X needs help and support to get ready for his adult life. [ 3 ] This case could not have been heard earlier as X ran away on May 16 and was found on August 7. [ 4 ] At the hearing, the adolescent (assisted by his lawyer) and his mother are present. [ 5 ] The adolescent denies few allegations of the petition but accepts the recommendations of the Director of youth protection filed today as well as his mother does. [ 6 ] The Court studied the psychosocial report as well as reports from an educator (A unit). [ 7 ] The adolescent's lawyer says that his client is more than willing to collaborate in the different follow-ups and wants to return to school and have a part-time job.

He wants to prepare his future and assures that he will not run away any more. [ 8 ] Mrs [social worker 2], a social intervener, says that she has a good link with X and that he behaves properly at Centre A unit A where he is in intensive care.

This situation will be revised soon. [ 9 ] It is for X to show that we can all count on him. [ 10 ] He must participate in the intervention plan, especially when comes the time to set up an independent living for his transition towards majority. [ 11 ] Considering the report's content and the position of the parties, the Court grants the petition in the sense of the recommendations of the Director of youth protection filed today including the one added at the request of the Director of youth protection with consent of the adolescent and his mother concerning the possibility of an independent living as of December 1 st , 2012.

WHEREFORE, THE COURT : [ 12 ] DECLARES that the security and the development of X are still considered to be in danger according to

section 38 of the Youth Protection Act ; [ 13 ] ORDERS that X be entrusted to a rehabilitation center designated by the Director of youth protection until December 18, 2012 ; [ 14 ] AUTHORIZED X to live in an independent living supervised by the rehabilitation center authorities and the Director of youth protection as of December 1 st , 2012 ; [ 15 ] ORDERS that X and his mother benefit from counselling for their personal issues ; [ 16 ] ORDERS that X and his mother participate in an addiction assessment and receive follow up counselling ;

[ 17 ] ORDERS that X and his mother benefit from an external educator services for the period deemed appropriate by the Director of youth protection ; [ 18 ] ORDERS that outings be at the maternal home environment as deemed appropriate by the youth protection delegate ; [ 19 ] ORDERS that the family actively participates in the application of the measures intended to put an end to the situation of endangerment ; [ 20 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 21 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until […], 2012 (date of his majority) for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Me Mathieu Racine, for the adolescent Mrs Karen Martin, the mother