2012 QCCQ 8059, 2012 QCCQ 8059

Protection de la jeunesse — 121713 2012 QCCQ 8059 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004192-129 DATE: March 1 st 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : […], 1996 DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B Parents of the child JUDGMENT ______________________________________________________________________

CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] A motion for protection is submitted to the Court concerning X, born on […], 1995. [ 2 ] The Director of Youth Protection alleges that the security and the development of the youth are in danger in reason of serious behavioural disturbances, as detailed more amply in paragraph 3 of the motion.

As well as other measures of aid and assistance, the Petitioner recommends that the adolescent be entrusted to a rehabilitation center for one year. [ 3 ] The Petitioner produces by consent, the reports on the analysis of the adolescent's social situation as evidence (pièces D-3 et D- 4), in lieu of testimony. [ 4 ] The father is absent and following the testimony of the Petitioner to the effect that he is aware of the proceedings and in agreement with the orientation proposed, the Court dispenses service.

The admissions of the parties as to the motion are noted in the Court record and they indicate their assent as to the measures proposed by the Director. [ 5 ] The adolescent's parents are separated and he resides with his mother, stepfather, Mr. C, and his three-year old brother. His father is present in his life, although distant in regard to the problematic issues. The parents maintain a difficult relationship. [ 6 ] For at least three years, the family has been struggling with the adolescent's increasingly disruptive behaviors.

The mother is overwhelmed and unable to apply structure to her son on a consistent basis. She often refers the discipline issues to her spouse, which results in further animosity and conflict, as X refuses to recognize his authority. [ 7 ] X was expulsed from the alternative school A for his violent behavior, and is presently being home schooled by the A School Board, while awaiting a further integration into another alternative school setting. [ 8 ] The family has received many services from the CLSC A, including organism A, Carrefour Jeunesse Emploi, organism B and organism C.

In September 2010, the adolescent consented to an 8-week placement with organismD to deal with his anger issues. These services have not afforded a lasting solution, as the adolescent's behaviors invariably resurge. [ 9 ] The Petitioner proceeds to the evaluation of the situation of the adolescent on January 30, 2012, in conjunction with his appearance before the Court in virtue of the Youth Criminal Justice Act . The adolescent is detained following an incident on the preceding day, in which he was physically violent towards his mother and stepfather, during a family altercation.

X is released on bail following his agreement to be placed in a reception center on a provisional basis. [ 10 ] X is able to identify his anger as being his primary weakness. He can recognize his triggers, but up to now, has been unable and/or unwilling to apply the tools he has been offered to curtail escalation, and consequent frustration and loss of control. [ 11 ] The objective of the intervention is the reintegration of the adolescent in his maternal family setting after a period of placement.

The placement will serve in helping X find the means and the will to master his emotions, as well as learning to air his grievances in more serene and socially acceptable ways.

The mother must focus her efforts on being consistent and structured in her parenting skills. [ 12 ] All the parties are fully cooperative and are in agreement with the plan of intervention. [ 13 ] The Court determines that the security and the development of the adolescent are compromised and that the recommendations forwarded by the Director of Youth Protection are appropriate and in his best interests. [ 14 ] For those reasons, the Court: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of the adolescent X, are in danger; [ 17 ] ORDERS that the adolescent be placed in a rehabilitation center for the period of six (6) months; [ 18 ] ORDERS that the adolescent and his parents undertake to take an active

part in the application of the measures designed to put an end to the situation namely that the adolescent participate in a program in order to deal with his anger and control issues as well as undergo psychiatric counselling at the Centre de Santé mentale Jeunesse at the CLSC B; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family for a period of one (1) year; [ 20 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of Le Centre jeunesse A for the execution of the measures; __________________________________ BEATRICE CLEMENT, J.C.Q.

Me Caterine Caron Attorney for the Petitioner Me Maryse Fournier Attorney for the child Date of hearing: March 1 st 2012