2013 QCCQ 6657, 2013 QCCQ 6657
Opinion
Protection de la jeunesse — 131157 2013 QCCQ 6657 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] "Youth Division" No: 145-41-000376-118 DATE: May 8, 2013 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X , born on […], 1995 Adolescent and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________
[ 1 ] X has shown behavioural disturbances for several years. He is the object of protection measures since 2011. [ 2 ] For all his teenage years, X was in and out of the rehabilitation center. He also went back and forth from his mother's to his father's. His behaviours, as well as his needs, are very difficult for his parents to handle, even for short periods of time. [ 3 ] In November 2012, the Court orders that the adolescent remain in a rehabilitation center until the end of January. It is also ordered that he progressively integrate into a foster family during that time.
He is to be entrusted to a foster family after the placement in a rehabilitation center. [ 4 ] Today, the director of youth protection (DYP) presents a petition for revision of that order. [ 5 ] The evidence reveals that it was not possible to entrust X to a foster family. [ 6 ] Shortly after appearing in court, at the end of November 2012, X runs away from his foster family, during an outing. He is found more than two weeks later and brought back to the rehabilitation center. He runs away again on the same day. [ 7 ] The DYP does not know about the adolescent's whereabouts until he is found again on April 8.
Since that date, he is entrusted to A unit, in City A. [ 8 ] X cannot function properly in a family setting. [ 9 ] Since he will become an adult next June, there is very little time left to help him. [ 10 ] The only reasonable option today is to entrust the adolescent to a rehabilitation center until his age of majority. [ 11 ] At the hearing, the adolescent agrees with the recommended measures.
He says he wants to change and wishes to go back living with his mother when he turns 18. [ 12 ] As for the parents, they are not present at the hearing, but they sent letters stating their consent to the measures. [ 13 ] The petition is well founded. WHEREFORE, THE COURT: [ 14 ] GRANTS the present petition for revision of order; [ 15 ] DECLARES that the security and development of X are still considered to be in danger according to
section 38 of the youth protection act; [ 16 ] ORDERS that X be entrusted to a rehabilitation center designated by the director of youth protection until […], 2013 (date of his majority); [ 17 ] RECOMMENDS strongly that X participate in a follow-up with an addictions counsellor; [ 18 ] ORDERS that X and his family benefit from working with an external educator; [ 19 ] ORDERS than a person working for an establishment or an organism provide aid, counsel and assistance to X and his family until […] 2013 (date of his majority); [ 20 ] ENTRUSTS the situation of X to the director of youth protection of the Centre Jeunesse A for the carrying out of the present order. __________________________________ JANICK POIRIER, J.Q.C.
ME LOUYSE A. LEMIEUX for the petitioner
ME FLORENCE FRAPPIER-ROUTHIER for the child MRS. A mother (absent) B father (absent) Date of hearing: May 8, 2013 Written judgment filed on May 13, 2013
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