2011 QCCQ 6040, 2011 QCCQ 6040

Protection de la jeunesse — 11280 2011 QCCQ 6040 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Chamber » DATE : January 6, 2011 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : N° : 635-41-000375-102 X 1995-[...] [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection C.Y.P.C.

A, Quebec, district 1 Applicant And A, residing and domiciled in town A, Quebec , district 1 Mother And B, residing and domiciled in town A, Quebec, district 1 Father ______________________________________________________________________ JL2340 JUDGMENT (Sections 38 and 91 Y.P.A. , chap. P-34.1 R.S.Q. ) [ 1 ] Mrs [social worker 1], delegate duly authorized by the Director of Youth Protection C.Y.P.C. A, asks the Court to declare the security and development of X, born on [...], 1995, in danger because of his serious behavioural problems (section 38 (

f) of the Youth Protection Act ). [ 2 ] At the hearing, the father and the youth are present and represented by Me Marie-Claude De Gagné and Me Denis Trottier. The mother is absent, but is aware of the hearing. She sent a letter stating that she agrees with the recommendations. Me Wolfgang Mercier-Giguère represents the petitioner. [ 3 ] The evidence that the security and development of X are in danger is made by the admissions of the parties. [ 4 ] In the present situation, the evidence reveals that X consumes drugs on a regular basis and has problems to respect his parents' authority.

He displays an aggressive behaviour. [ 5 ] Last September 20, 2010, while he was intoxicated on drugs, he went to the nursing station requesting help. He stated then that his consumption was problematic, that he had made a suicidal attempt on August 18, 2010 and that his mother kicked him out of the house after the incident. Then, he asked to be sent out of the community, in a group home. On September 21, he was medivac to the hospital center A.

On September 23, the parties signed a provisional agreement for the youth to stay at the group home. [ 6 ] On September 28, he was seen by a child psychiatrist and a treatment program was recommended.

[ 7 ] His parents are overwhelmed by the situation. [ 8 ] After declaring the security and development of the youth in danger, the Court proceeds to the applicable measures. [ 9 ] In her social study report, the social worker recommends X's placement in a reception for one year. In her testimony, she specifies that X will attend the centre 1 in a short delay and should remain in that centre until the end of the therapy. [ 10 ] Meanwhile, the parents will have to develop their parental capacities and be more structured to their son.

They must develop their parental authority, otherwise, even if the youth attends his skills, the old life pattern will reappear as it occurred few years ago. [ 11 ] Considering all the evidence and the willingness of the parents and the youth to collaborate with all the recommendations, [ 12 ] FOR THESE MOTIVES, THE COURT : [ 13 ] DECLARES the security and development of X endangered; [ 14 ] ORDERS the placement of X in a reception centre for a period of one year, starting October 19, 2010; [ 15 ] RECOMMENDS that the youth attend a detoxification centre for the duration specified by the specialist; [ 16 ] ALLOWS the Director of Youth Protection to determine an earlier progressive reinsertion of the youth in his family if his situation allows it, and to provide visit rights and access during Christmas holidays if his situation improves; [ 17 ] ORDERS the Director of Youth Protection to provide the youth all the medical and psychological services he might need; [ 18 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and his parents for a period of one year; [ 19 ] ORDERS the parents to collaborate actively with the social worker and to work to increase their parental skills; [ 20 ] ORDERS any police officer to collaborate in the execution of the present enactment; [ 21 ] ENTRUSTS the youth’s situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Wolfgang Mercier-Giguère, attorney for the applicant Me Marie-Claude De Gagné, attorney for the father Me Denis Trottier, attorney for the youth Date of hearing : October 19, 2010