2014 QCCQ 18966, 2014 QCCQ 18966
Opinion
Protection de la jeunesse — 146981 2014 QCCQ 18966 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000464-146 DATE: December 3, 2014 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner and X born on […], 2000 Adolescent and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for 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 (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The youth has always lived with his mother, since his parents split-up several years ago. He is close to his mother. The mother has a common-law spouse, with whom the youth does not get along. [ 2 ] For years, the father had brief contacts with his son. Nowadays, he wants to get more involved in his son’s life. [ 3 ] The youth has just turned 14, but he shows serious behavioural disturbances. [ 4 ] In September 2013, the mother sent him to live with an aunt in Ontario.
He was expelled from one school there, after getting into a fight. He did better in another school he attended. The aunt refused to take him back after the Holidays, because he smoked marijuana, so he came back to this area with his mother. [ 5 ] The situation deteriorated in the last few months. [ 6 ] The youth misbehaves in class, shows aggressive and violent behaviours. He was suspended from school in September 2014, for vandalizing a teacher’s house. [ 7 ] Shortly after, the youth made a physical abuse allegation against his mother’s common-law spouse.
He then went living with his father, on a temporary basis. A few days later, he did not come home for the night, without his father’s knowledge nor authorization. He came back shortly the following day, and left again. He stole an IPad and a laptop from his father’s wife. He was found one day later and entrusted to a rehabilitation center. [ 8 ] On October 10, the youth ran away from the unit, to be found at his mother’s place two days later. He ran away, once more, shortly after, and was found at his mother’s house after several days.
The mother knew her son was home, but waited a couple of days to say so. [ 9 ] On November 15, the youth was transferred to a rehabilitation centre in Town A. Two days later, he was caught trying to figure out a plan to run away. The staff also noticed he was scratching his arm and he was put on suicide protocol.
[ 10 ] Apparently, things are now going better for the youth, but this is very recent. He obviously needs professional help, on a daily basis, in a structured environment. [ 11 ] He was also diagnosed with Attention Deficit Disorder, Oppositional Defiant Disorder and Conduct Disorder. Substance abuse also remains a concern. [ 12 ] Under those circumstances, the measures asked for appear appropriate, in the youth’s interest. WHEREFORE, THE COURT: [ 13 ] GRANTS the petition for protection; [ 14 ] DECLARES that the security and development of X are considered to be in danger according to
section 38 of the Y outh protection act ; [ 15 ] ORDERS that the adolescent be entrusted to a rehabilitation center designated by the Director of youth protection until June 30, 2015; [ 16 ] ORDERS that contacts between the adolescent and his parents take place upon agreement between the parties; [ 17 ] RECOMMENDS that the youth benefit from visits with his family for the Holidays, if the situation permits; [ 18 ] ORDERS that the adolescent and his parents benefit from psychological counselling to deal with their personal issues; [ 19 ] ORDERS that the adolescent benefit from psychiatric counselling as long as deemed necessary; [ 20 ] ACKNOWLEDGES his consent and ORDERS that X participate with a drug/alcohol counsellor as long as deemed necessary; [ 21 ] ORDERS that the adolescent and his parents receive family services through an external educator; [ 22 ] ORDERS that the adolescent and his parents actively participate in the application of the measures ordered; [ 23 ] ORDERS that a person working for an establishment provide to X and his family, aid, counsels and assistance until June 30, 2015; [ 24 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.
Me Louyse A. Lemieux for the petitioner Me Florence Frappier-Routhier for the adolescent Mrs. A the mother Mr. B the father (absent) Written judgment filed on December 9, 2014
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