2012 QCCQ 12378, 2012 QCCQ 12378

Protection de la jeunesse — 124208 2012 QCCQ 12378 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000411-121 DATE: July 5, 2012 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Adolescent and A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for protection purpose in respect of X (1997-[…]) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts :

a) X’s family was followed by regular social services and Youth protection for periods of time ;

b) X’s brother is under legal youth protection services and he is placed in a rehabilitation Center ;

c) the mother cooperates to the best of her abilities, but she has limited parental capacities ;

d) the mother is overwhelmed and cannot control X’s behaviours ;

e) X has not been home for almost two months ;

f) an authorisation under 35.2 of the Youth protection act was delivered to search for him ;

g) X was found by the Police on June 6, 2012 ;

h) X has not gone to school during those two months ;

i) X has been drinking alcohol and doing drugs regularly ;

j) X has been involved with many criminal charges in [province A] and did not show up for court ;

k) X refuses to respect his mother’s authority and to return home ;

l) in school, X lacks motivation and will not past the present school year ;

m) X needs to stop acting out and to receive professional services. [ 3 ] At the hearing, the adolescent is present with his lawyer who admits (save a few) the allegations of the petition and accepts the recommendations of the Director of youth protection. [ 4 ] The mother is also present and unrepresented ; she admits the situation described at the petition and accepts as well the recommendations of the Director of youth protection. [ 5 ] The Court studied the psychosocial report and examined an undertaking signed by the adolescent regarding charges of theft and mischief for which he must appear in front of the Youth Court in Town A on September 28, 2012. [ 6 ] Considering the report's content and the position of the parties, the Court grants the petition in the sense of the recommendations filed today by the Director of youth protection except for the date of termination on which the parties agreed upon (February 28, 2013).

WHEREFORE, THE COURT : [ 7 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 8 ] ORDERS that X be entrusted to a rehabilitation center designated by the Director of youth protection ; [ 9 ] ORDERS that X and his mother benefit from psychological counselling to deal with their personal issues ; [ 10 ] ORDERS that X and his mother participate in a drug/alcohol assessment and treatment if deemed necessary ; [ 11 ] ORDERS that X and his mother benefit from the services of an external educator to deal with parenting issues ;

[ 12 ] ORDERS that X and his mother actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 13 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 14 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until February 28, 2013, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q. Me Lynn-Ann Smith, for the petitioner Me Mathieu Racine, for the adolescent Mrs A, the mother