2017 QCCQ 11828, 2017 QCCQ 11828

Protection de la jeunesse — 175115 2017 QCCQ 11828 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000226-177 DATE: August 22, 2017 ______________________________________________________________________ PRESENT : THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2001 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, district A Applicant and A, residing and domiciled in City A, district A Mother and B, residing and domiciled in City A, district A Father ______________________________________________________________________ JUDGMENT ( sections 38 and 91 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 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 Court is seized with a motion asking that the security and development of X, 16 years old, be declared in danger in regards of

section 38

f) of the Youth Protection Act . [ 2 ] Because of his serious behavioural problems, the applicant, Mr. [Social Worker 1], asks his placement at the Reception Center for 10 months with specific measures. [ 3 ] At the hearing, the youth and his parents are present, assisted by Me Yan Massé and Me Michel Grenier. Me Camille Champeval assists the applicant. [ 4 ] Most of the allegations are admitted by the parties. The situation of X is known by the Director of Youth Protection since October 15, 2016. Two voluntary measures were signed since.

On October 15, 2016, the youth was placed in the foster home of his maternal grandparents for issues pertaining to his behavioural and to the parent’s alcohol consumption. [ 5 ] On September 2016, X committed a criminal offence, using a firearm while intoxicated. He received his sentence and has to complete community hours. The parents were also intoxicated when this accident occurred. [ 6 ] The youth has an alcohol drinking problem. He consumes on a regular basis. Even if he agreed to engage in a substance abuse treatment, he did not mobilized himself to do so. He did not collaborate with the social worker.

He also refused to go back to the foster home of his maternal grandparents. [ 7 ] Since May 15, 2017, the youth is placed in a Rehabilitation Center and his collaboration with the social worker improves. After making all steps to attend therapy center, the youth learning that his grandfather was ill, decided to stay close to his family. Consequently, he participates the programs that offered within the Youth Healing Services and is doing better at the Reception Center. [ 8 ] The family situation is stable and the parents are not drinking.

The parents, the youth and the social worker agree that the youth remains at the Reception Center with specific services concerning alcohol consumption for the next 10 months. If even required, he might also attend therapy center. If he continues to show such motivation and makes improvement, the parties agree that reintegration might starts with his parents. [ 9 ] A revision report and a complimentary report are filed. [ 10 ] Considering the admissions, agreements, reports and testimony;

THE COURT: [ 11 ] DECLARES that the security and development of X, born on [...], 2001, are in danger; [ 12 ] ORDERS his placement at the Reception Center for 10 months with possible reintegration with his parents within 6 months if the situation allows it; [ 13 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and his parents for 12 months; [ 14 ] ORDERS the youth and his parents to collaborate actively with the social worker; [ 15 ] ORDERS the youth to abstain from alcohol and drugs consumption during the measures; [ 16 ] ORDERS any police officer to collaborate with the present order if required by the Director of Youth Protection; [ 17 ] ENTRUSTS the situation of the youth to the Director of Youth Protection A who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Yan Massé Attorney for the youth Me Camille Champeval Attorney for the applicant Me Michel Grenier Attorney for the parents Date of hearing: July 4, 2017