2014 QCCQ 7500, 2014 QCCQ 7500

Protection de la jeunesse — 14411 2014 QCCQ 7500 JT1052 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] Youth Division No: 550-41-001514-130 DATE: January 28 th , 2014 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LOUISE TURPIN, J.C.Q. ______________________________________________________________________ In the case of: X Born on […], 1999 ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized of a petition under

section 38 of the Youth Protection, introduced by the Director of Youth Protection, for the purposes of declaring that the security and the development of X are considered to be in danger for the following reasons: - Le père a quitté le Canada pour [le Pays A] laissant son fils à sa fille aînée; - La sœur de l'adolescent n'est pas en mesure de lui offrir le support et l'encadrement dont il a besoin; - L'adolescent présente des troubles de comportement et se comporte de manière à porter atteinte à son intégrité physique ou psychologique. [ 2 ] In support of his recommendations, the attorney for the Director of Youth Protection submits a report (D-1) prepared by the declarant Mrs. [Social Worker 1]. [ 3 ] The life span of the placement was the particular issue contested. [ 4 ] Here, the Director of the Youth Protection was of the view that four additional months were needed to get X to learn to respect rules, attends school and share his grief with a professional. [ 5 ] X, is alone here in Canada, both his parents are in [A Country] [ 6 ] His social worker, Ms [Social Worker 1], is convinced that this situation has it's tool on his mental well being. [ 7 ] For the last couple of months, his father has promised to come back, but to no avail. [ 8 ] X was of the view that a one month period was sufficient.

His 5 days stay in the center showed him that this was not a friendly environment, and he had too many rules to comply with. [ 9 ] We did shared, the D.Y.P. position to the point, the social worker comment at paragraph 8, make a care for this orientation. [ 10 ] On page 8, at the paragraph entitled "Analysis", she writes: «Considering the above, we can understand that the situation is fragile. Both X's parents are out of the country and the father's intentions are unknown.

X is an intelligent young teenager who didn't have a strict supervision with his father and the people who he hangs out with tend to have a negative impact on him. We noted that X had some difficult behaviour in the past, especially with adults other than his father and at school, but his problematic behaviour has escalated in the last months (committed offences, many absences in school, not respecting his probation and rules at home, running away, etc.).

Interventions were made with X to try to make him realise that his behaviour has negative impacts in his life and that adults around him are there to help him, and not the opposite. It was noted

that X has an "I don't care» attitude", and the interventions do not seem to have an impact on him and it brings concerns to us. We consider that a stay in a rehabilitation center will allow X to have the adequate supervision he needs to stabilize his situation and prevent his problematic behaviours to crystallize. At the same time, we consider that X will need support in order to develop tools to deal with his emotions in a positive way.

On the other hand, this measure will also have as an objective to determine X's life project, depending on his situation (probation, behaviour, etc.) and his parent's intentions. Mr.

B will need to be clear on his intentions regarding his responsibility towards his son and realise the impact his absence has on him.» [ 11 ] Given the evidence adduced consisted mainly in the filling of the social practitioner's report; THEREFORE THE COURT : GRANTS the petition; DECLARES that the security and the development of the adolescent are compromise for the motives alleged in the said petition; ORDERS that X be entrusted to a rehabilitation center for a period of 4 months with a progressive integration in a foster home, if the situation permits it; ORDERS that X receive all the services required by his state (health follow-up, dealing with his emotions); ORDERS that X and his parents actively participate with the elaboration and application of the intervention plan; ORDERS that the parents report regularly to the D.Y.P. to inform on the actions taken to end the compromising situation; ORDERS that the contacts between X and his parents be established under the modalities of the [A Center]. ; ORDERS that the person authorised by the Director of Youth Protection provides aid, counsel and assistance to the adolescent and his family for a period of 10 months; ENTRUSTS the situation of the adolescent to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ LOUISE TURPIN, J.C.Q.

M e Émilie De Bellefeuille Attorney of the D.Y.P. M e Daniel Lessard Attorney of the adolescent Date of hearing: January 28 th , 2014 /hb