2013 QCCQ 17682, 2013 QCCQ 17682

Protection de la jeunesse — 136100 2013 QCCQ 17682 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] "Youth Division" No: 145-41-000426-137 DATE: November 6, 2013 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [ SOCIAL WORKER 1] Petitioner and X , born on […], 1998 Adolescent and A Mother and B Father JUDGMENT JP2122 [ 1 ] The adolescent is subject to protection measures since the beginning of this year. [ 2 ] On April, 10, 2013, the Court orders that he be entrusted to a rehabilitation centre until the end of October.

[ 3 ] This court is now seized with a petition for revision and extension of that judgment. [ 4 ] The youth has to cope with personal issues. He was a victim of sexual abuse in the past and suffers the long-lasting consequences of such an unfortunate event. He presents behaviour problems, mainly related to drugs. His mother cannot control him. [ 5 ] Things did evolve positively for X for a while. From May, he resides at […], in [ CITY A ]. He behaves adequately there, he is cooperative with the staff, gets along with his peers and takes his studies seriously.

During that time, outings at home are also going well, but marijuana remains an issue. [ 6 ] In September, a revision meeting takes place and it is decided that the adolescent can go back home, for an extended stay, according to

section 62 of the youth protection act, which reads as follows: "

Section 62 […] With a view to preparing the child's return to his family or social environment, the director or a person authorized by the director under

section 32 may authorize the child to stay with his father or mother, a person who is important to the child or a foster family for extended periods during the last 60 days of the period of compulsory foster care." [ 7 ] At that time, everyone involved foresees that X will be entrusted to his mother. [ 8 ] The adolescent goes back to his former school like a new student. He is on time, does his work and his polite. [ 9 ] Unfortunately, things have worsened since then. [ 10 ] In October, the youth takes drugs at his mother's residence. He does not comply with rules anymore, neither in school nor at home.

He is back on his old self-destroying path. As the petitioner, Mrs. [ social worker 1 ], writes in her last report (exhibit D-4): "… X doesn't believe that he deserves a good life free of drugs or that anything good will come his way. When he is suppose to return home he starts to act out and get into trouble." [ 11 ] Needless to say that the integration process was suspended and that X is back in a rehabilitation centre. [ 12 ] The youth still needs professional support on a daily basis and a structure that a family setting cannot provide. [ 13 ] The mother agrees with an extension of her son's placement.

So does the adolescent.

[ 14 ] The father does not play an active role in his son's life. In fact, X cannot remember last time he met with him. The father never contacts the workers. The petition was sent to him by mail, but petitioner's counsel cannot prove the father received it. There would be no bailiff in the father's area. After hearing the parties on that matter, the Court dispenses with service to the father. [ 15 ] The evidence reveals that the petition is well founded and the suggested measures are in the youth's best interest.

THEREFORE, THE COURT: [ 16 ] GRANTS the present petition for revision and extension of order; [ 17 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act; [ 18 ] ORDERS that X be entrusted to rehabilitation centre until May 31, 2014; [ 19 ] ORDERS that X is entrusted to his mother on May 31, 2014; [ 20 ] RECOMMENDS that X and his mother benefit from psychological counselling and assessment in order to deal with their personal issues; [ 21 ] ORDERS that the mother benefit from the follow-up with an external educator regarding her parenting skills; [ 22 ] ORDERS that X and his mother actively participate in the application of the measures intended to put an end to the situation of endangerment; [ 23 ] ORDERS than a person working for an establishment provide aid, counsel and assistance to X and his family until November 30, 2014; [ 24 ] ENTRUSTS the situation of X to the director of youth protection of the Centre Jeunesse Afor the carrying out of the present measures.

JANICK POIRIER, J.C.Q. ME LOUYSE A. LEMIEUX for the petitioner ME FLORENCE FRAPPIER-ROUTHIER for the child MRS. A the mother

Mr. B the father Written judgment filed on November 8, 2013