2012 QCCQ 8539, 2012 QCCQ 8539

Protection de la jeunesse — 12344 2012 QCCQ 8539 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No: 525-41-023493-109 DATE: February 7, 2012 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of A Centres Applicant - and - X Born on […], 1995 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Y.P.A. ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of February 7, 2012, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for revision of an order rendered September 28, 2010, ordering that the adolescent be entrusted to a rehabilitation centre until June 30, 2011, with gradual reintegration to his mother’s care after six months, if the situation allowed.

Furthermore, that a social follow-up be maintained with the family until September 30, 2011. [ 3 ] The principal facts alleged in support of the motion are the following: • The adolescent has made progresses in addressing his substance abuse and in being accountable with his behaviour; • The adolescent was respecting the house rules and was attending the [Home A] after care program when he returned home to his mother’s care a few months ago; • The situation has however become problematic more recently, in that: . the adolescent is using drugs almost daily; . there are conflicts at home with the mother; • The adolescent acknowledges he has a problem with drugs, and he, as well as his parents, are open to continued youth protection involvement. [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to his mother’s care and that a social follow-up be maintained with the family for a period of nine months.

On November 8, 2011, the Court declared still compromised the security and development of the adolescent. [ 5 ] The parents and the adolescent consent to the measures recommended by the Director of Youth Protection. [ 6 ] The adolescent has integrated the A Program and receives a subsidy from Emploi Québec to stay in school. The adolescent says that he wants to continue his studies and enter the journalism program A.

[ 7 ] The Court also read the report that the Director filed as proof of the adolescent’s situation. The evidence reveals that the adolescent has made some gains although the situation is still fragile. The family has accepted to participate in the A Program in order to address the family dynamics and support the adolescent in his endeavours. [ 8 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to his mother’s care with a social follow-up for a period of nine months.

The adolescent has the potential to succeed, but has to put in the effort to achieve his goals. [ 9 ] The evidence and the admissions made have convinced the Court that the security and development of the adolescent are still compromised. [ 10 ] THEREFORE, THE COURT renders the following final measures: [ 11 ] DECLARES still compromised the security and development of the adolescent, X ; [ 12 ] ORDERS that the adolescent, X , be entrusted to the care of his mother; [ 13 ] ORDERS that the adolescent receive all health care services required by his situation and more particularly, RECOMMENDS that the adolescent participate in counselling for his personal issues and that the steps be taken for him to be assessed for depression through the CLSC; [ 14 ] TAKES JUDICIAL NOTICE that all family members consent to attend the A and RECOMMENDS them to do so actively; [ 15 ] ORDERS the adolescent to submit to random drug and alcohol testing at the request of DYP; [ 16 ] TAKES JUDICIAL NOTICE that the adolescent consents to submit to random drug and alcohol testing; [ 17 ] ORDERS that aid, counsel and assistance be provided to the adolescent and his family for a period of nine months; [ 18 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of A Centres, who shall see that the measures are carried out; [ 19 ] ORDERS the execution of the present order by any peace officer.

Signed February 9, 2012 Ann-Marie Jones, J.C.Q. AMJ/dg Me Marie-Josée Paiement Counsel for the Director of Youth Protection Me Marie José Lavigueur Counsel for the adolescent Dates of hearing: November 8, 2011 and February 7, 2012