r v. X, 2014 QCCQ 19085

Protection de la jeunesse — 148659 2014 QCCQ 19085 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No. 550-41-000626-109 DATE: November 19, 2014 (orally) January 14, 2015 (written judgment) ______________________________________________________________________ PRESENT : THE HONOURABLE RICHARD LAFLAMME, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], person authorized by the Director of Youth Protection of the Centres jeunesse A Petitioner v.

X , born on [...] , 1997 Adolescent-respondent and A Mother and B Father ______________________________________________________________________ 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 Court is seized with a petition for the review of a decision under

section 95 of the Youth Protection Act concerning X , born on [...] , 1997. [ 2 ] The mother was present at the hearing and waived her right to be represented. The adolescent was present and represented by his counsel. Despite the fact that he had been served, the father was neither present nor represented by an attorney. [ 3 ] The parties admitted that the security and development of X are still endangered. [ 4 ] Concerning the recommendations, the parties asked the Court to order X to be entrusted to a rehabilitation center. 1.

THE FACTS AND THE APPLICABLE MEASURES [ 5 ] Since 2010, the adolescent has displayed serious behavioural problems. [ 6 ] At the last review of the situation on August 15, 2014, X was entrusted to a rehabilitation centre for a period of three months with reintegration to his mother. It is useful to point out that, in June 2014, he had been entrusted to his mother. [ 7 ] According to the report, the return of X to his mother is not possible. He does not respect her authority and the mother does not know how to deal with her son’s behaviour and attitudes.

In the past few years, the DYP has attempted on numerous occasions to return X to his mother. It seems that the relationship between the adolescent and the mother is more utilitarian. He had been placed in a foster family. Unfortunately, nothing worked. [ 8 ] Despite his placement in a rehabilitation centre, X did not get to work on his issues. He ran away from the centre several times and committed criminal offences.

[ 9 ] Obviously, a return of X with his mother is not possible. He will turn 18 in few months. He does not have the maturity to currently work on an autonomy project. The only solution is to entrust him to a rehabilitation centre. The author of the report hopes that he can work on his difficulties with the help and support of the educators. [ 10 ] Considering that he will not receive social services any more when he turns 18, it is important for the educators and interveners to prepare him as much as possible for his adult life.

We all hope that he will acquire enough maturity in the next few months to be able to make good choices for himself and stay away from conflict with the law.

FOR THESE REASONS, THE COURT : GRANTS the motion; ENTRUSTS X to a rehabilitation centre unit until his majority, with the possibility of reintegrating into the care of his mother if the situation allows; ORDERS that the contacts between X and his mother be according to the terms of the DYP; ORDERS that contact between X and his father be according to the terms of the DYP; ORDERS that the adolescent receive all the necessary services that his condition requires, such as for drug consumption problems and ADHD follows-up; RECOMMENDS that the mother receive services to support her in her parental roles; ORDERS that the parents participate take an active

part in the application of the measures ordered by the Court; ORDERS that the persons working for the Centre jeunesse A provide aid counselling and assistance to X and his family until his majority. __________________________________ RICHARD LAFLAMME J.C.Q. Mtre. Sylvain Meunier Centre jeunesse A Counsel for the DYP Mtre. Daniel Lessard Aide juridique A Counsel for the adolescent A Not represented Date of hearing: November 19, 2014