2012 QCCQ 18117, 2012 QCCQ 18117

Protection de la jeunesse — 127451 2012 QCCQ 18117 JC0B11 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY […] Youth Court Division No: 760-41-004225-127 DATE: September 26, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born : [...], 1996 Adolescent THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B Parents

______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection presents a motion for revision of a Court decision rendered on May 9 th 2012, concerning the adolescent X, born on [...] 1996. [ 2 ] In virtue of the last judgment, the Court entrusts the adolescent to his family with various measures intended on addressing his oppositional behaviours and drug consumption, and this, for a period of 9 months. [ 3 ] The motion alleges that the implementation of measures in the home environment fail to correct the situation, mainly as the adolescent refuses to recognize his drug addiction and concurrently maintains his aggressive behaviours.

As principal measure, the Director proposed that the adolescent be entrusted to a rehabilitation center until January 12 th 2013, in order to permit his completion of a substance abuse treatment program at [center A]. [ 4 ] The Director produces the evaluation of the adolescent's social situation as evidence. The parties consign their admissions in the Court record and affirm their agreement with the measures proposed.

The adolescent adds that should his program end before January 12 th , he wishes to be immediately integrate his home environment. [ 5 ] ANALYSIS AND DECISION [ 6 ] X returns home in virtue of the last Court order, and this, after a provisional placement in a rehabilitation center. Following the adolescent's exemplary behaviour during placement, the parties expect the success of the application of further measures in the family environment. [ 7 ] The services of an educator are rapidly put in place. [ 8 ] X maintains his destructive behaviours.

He admits to resuming his marijuana consumption on a daily basis, as well as other drugs such as ecstasy, amphetamines and cocaine. He is uncooperative and demonstrates little control on his emotions. He is physically and verbally aggressive towards his parents, particularly his mother. [ 9 ] The adolescent refuses to entertain putting an end his drug usage. He denies that his drug addiction impacts his behaviours and his development. [ 10 ] The parents offer their son an ultimatum: a substance abuse treatment program or a return to the rehabilitation center.

On July 12 th , the adolescent integrates [center A]. [ 11 ] The program allows the adolescent to treat not only his addiction, but also his anger issues. Although initially refractive to the program, he is collaborating well with the rules and remains sober. [ 12 ] X resolves to complete his program as soon as possible in order to justify a return home. His obsession to leave denotes a lack of actual internalization of the teachings of the program, augmenting the risk of relapse in a less structured environment.

He needs to fully commit to addressing not only his addiction issues, but also work on his anger management and the conflictual relationship with his mother. [ 13 ] The parents agree to collaborate in the measures required to help restore the family harmony.

On their side, they need to find effective ways of communicating with their son as well as acquire means of aiding him to evacuate his emotions and frustrations in a healthy manner. [ 14 ] In consideration of the evidence, the Court concludes that the allegations of the motion are proven and justify the measures sought by the Director of Youth Protection. [ 15 ] FOR ALL THESE REASONS, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of the adolescent are still in danger; [ 18 ] ORDERS that the adolescent be entrusted to a rehabilitation center until January 12, 2013; [ 19 ] TAKES ACT that the adolescent agrees to complete the A program; [ 20 ] TAKES ACT that it is the parties intention to see as to the application of

article 62 of the Youth Protection Act in the event that the A program is successfully completed before January 12, 2013; [ 21 ] ORDERS that the adolescent and his parents take an active

part in the application of the measures; [ 22 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the adolescent and his parents until June 30, 2013;

[ 23 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures; __________________________________ BEATRICE CLEMENT, J.C.Q. Me Mylène Francoeur Attorney for the Petitioner Me Michel Robert Attorney for the child Date of hearing: September 26, 2012