2011 QCCQ 15283, 2011 QCCQ 15283

Protection de la jeunesse — 115420 2011 QCCQ 15283 CANADA PROVINCE OF QUEBEC [...] JJ0296 COURT OF QUEBEC YOUTH DIVISION N°: 525-41-023875-107 DATE: October 26, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of A Youth and Family Centres Applicant - and - X Born on […], 1994 - and - A 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 October 26, 2011, 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 February 16, 2011, ordering that the adolescent be entrusted to his mother’s care with a social follow-up for a period of one year. [ 3 ] The principal facts alleged in support of the Director’s motion are the following: • The behaviour of the adolescent has become increasingly out of control and difficult to manage, more particularly but not restrictively in that: . the adolescent does not respect the house rules and boundaries established by the mother; . despite having a curfew to respect, the adolescent has spent nights out of the home; . the adolescent stopped attending school; . the adolescent does not work; . the adolescent did not attend the appointments set by the Homeward Bound worker; . the adolescent admits to using and selling marijuana; . the adolescent admitted to having orchestrated a theft in the mother’s home which left the home deprived of many assets and in a

complete state of disarray; . the adolescent stated that the theft was organised in order to pay a drug debt; • On September 26, 2011, the mother requested that the adolescent be placed; • On the morning of September 26, 2011, immediate protective measures were invoked and the adolescent was placed in a rehabilitation centre. [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to a rehabilitation centre until his age of majority and that a social follow-up be provided to the family for the same period. [ 5 ] The mother admits the facts alleged in the motion and consents to the recommended measures.

The mother testifies that the adolescent has difficulty to commit to his studies and to counselling. [ 6 ] The adolescent admits the facts alleged in the motion and agrees with the measures. The adolescent agrees to submit to random drug testing, but does not consider that he has a drug problem. The adolescent wishes to integrate Options II School to complete his high school. [ 7 ] The Court also read the report that the Director filed as proof of the adolescent’s situation. The evidence reveals that the family participated in the Family Ties Program, but that the adolescent was not interested in continuing.

Furthermore, the adolescent still displays aggressive behaviours. [ 8 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to a rehabilitation centre until his age of majority, with reintegration to his mother’s care after six months, if the situation allows. The adolescent needs the structure of a rehabilitation centre in order to follow rules and take responsibility for his actions.

Furthermore, given his age, X must develop his autonomy. [ 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: [ 11 ] GRANTS the motion; [ 12 ] REVISES the order rendered February 16, 2011; [ 13 ] DECLARES still compromised the security and development of the adolescent, X; [ 14 ] ORDERS that the adolescent be entrusted to a rehabilitation centre until his age of majority, […], 2012, with reintegration to his mother’s care after six months, if the situation allows; [ 15 ] ORDERS that the adolescent and his mother take an active

part in the application of the measures and meet with the youth workers as requested; [ 16 ] ORDERS that the adolescent submit to random drug testing; [ 17 ] TAKES JUDICIAL NOTICE that the adolescent agrees to submit to random drug testing; [ 18 ] ORDERS that the adolescent attend school or another place of learning or participate in a program geared to developing skills and autonomy acceptable to the Director; [ 19 ] ORDERS that the frequency and modality of contacts between the adolescent and his mother be determined by the Director of Youth Protection; [ 20 ] ORDERS that aid, counsel and assistance be provided to the adolescent and his family until his age of majority, August 3, 2012; [ 21 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of A Youth and Family Centres, who shall see that the measures are carried out; [ 22 ] ORDERS the execution of the present order by any peace officer.

Signed October 27, 2011 Ann-Marie Jones, J.C.Q.

AMJ/dg Me Marie-Josée Paiement (Counsel for the D.Y.P.) Me Bernard Sepinwall (Counsel for the adolescent) Date of hearing: October 26, 2011