2011 QCCQ 14333, 2011 QCCQ 14333

Protection de la jeunesse — 115215 2011 QCCQ 14333 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000380-110 DATE: October 5, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Adolescent and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for protection purpose in respect of X (1996-[…]) 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 parents are separated since many years ;

b) X's father lives in city A, but he is not involve in X's life and the contacts between them are less than twice a year ;

c) X has bean living with her mother in city B since about two years ;

d) X has three half-sisters of 6 years old and less ;

e) X is having serious behavioural problems such as : 1) he confessed that he sells drug since the age of 13 or 14 ; 2) he also said that his was earned about 100 $ a day for selling drugs ; 3) he was making his own pills that he was selling afterwards ; 4) he admitted taking drugs as cocaine, speed and many others kinds and smoking marijuana many times everyday ; 5) he run away from home for one months at the end of May 2011 and before at many occasions ; 6) he was using verbal violence towards his mother ; 7) X tried to stab somebody with a knife in city C ; 8) X also committed an assault on a youth recently ; 9) X did not go to school since about 2 years ; 10) X did not respect his mother authority ;

f) since June 25, 2011, X has been entrust to A Unit in city D because he had a probation order, he did not respect his conditions and committed others criminal acts ;

g) the mother is not capable presently to put limits to X ;

h) X needs to stop acting out and to receive professional help on a daily basis ;

i) X also needs to be in a structured environment. [ 3 ] At the hearing, the mother is present as well as the adolescent with his representative. They both admit the situation described at the petition except that X denies making his own pills and selling them. They consent to the conclusions of the petition as amended by the Director of youth protection. [ 4 ] The father is not present and unrepresented.

He is pretty much absent from his son's life. [ 5 ] The mother confirms that her son's name is X as mentioned on his birth certificate which she has at home and she undertakes to remit a copy to the Director of youth protection within the shortest delay. [ 6 ] The Court studied the psychosocial report as well as a psychological and psychiatric evaluation of the youth. [ 7 ] Considering the report's content and the position of the adolescent and his mother, the Court grants the petition in the sense of its amended conclusions.

WHEREFORE, THE COURT : [ 8 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 9 ] ORDERS that X be entrusted to a rehabilitation center designated by the Director of youth protection ; [ 10 ] ORDERS that X receives all health care and mental health care requested by his state and that the recommendations made by the professionals be followed ; [ 11 ] ORDERS that X and his mother participate actively to the measures suggested by the Director of youth protection in order to put an end to the situation of endangerment ; [ 12 ] ORDERS that X attends school on a regular basis ; [ 13 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his mother ; [ 14 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until April 30, 2012, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Mrs Florence Frappier-Routhier articled student in law at the Legal Aid Office, for the adolescent Mr A, the father (absent) Mrs B, the mother