2011 QCCQ 14330, 2011 QCCQ 14330

Protection de la jeunesse — 115212 2011 QCCQ 14330 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 145-41-000376-118 DATE: October 5, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Adolescent and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for revision and extension of an order in respect of X (1995 […]) is referred to the Court by the Director of youth protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] On June 15, 2011, the Court declares that the security and development of this adolescent are considered to be in danger and orders that he be entrusted to his father with visits at his mother's and several supportive measures until December 31, 2011 for the reasons enunciated in the judgment. [ 3 ] The petition is based on the following assertions and facts :

a) X was entrusted to his father in June 2011, after almost one year in a rehabilitation centre ;

b) X presents behaviour problems such as : 1) he takes drugs ; 2) he sneaks out of home ;

3) he refuses to listen to his father ; 4) he is totally defiant with any kind of authority ;

c) the father tries to structure X and puts consequences when needed, but it has no effect on X ;

d) the father was overwhelmed and kicked X out ;

e) X went to his mother's and stayed there for several days, until he was entrusted to A unit on August 15, 2011 ;

f) the mother does not cooperate much with services ;

g) X needs structure to stop his acting out, which a family environment cannot provide. [ 4 ] At the hearing, the adolescent and his mother are present and represented.

They admit, generally speaking, the situation described at the petition and accept the recommendations of the Director of youth protection until May 30, 2012. [ 5 ] The father is absent because of his work but he told the petitioner that he was agreeing with the measures. [ 6 ] The Court studied the psychosocial report of Mrs [social worker 2] and the report of an educator (A unit). [ 7 ] It is important that the communication and the relationship between X and his mother improve if they expect a reintegration.

They must work on that aspect in showing interest, receptiveness, sincerity and availability. [ 8 ] Considering the report's content and the position of the parties, the Court grants the petition in the sense of the recommendations of Director of youth protection as amended regarding the duration of the ordinance. WHEREFORE, THE COURT : [ 9 ] DECLARES that the security and the development of X are still considered to be in danger according to

section 38 of the Youth Protection Act ; [ 10 ] ORDERS that X be entrusted to a rehabilitation center designated by the Director of youth protection ; [ 11 ] ORDERS that X benefits from visits in both his maternal and paternal home environments ; [ 12 ] ORDERS that X benefits rapidly from a psychological evaluation and follow-up if deemed necessary ; [ 13 ] ORDERS that X participates in a drug/alcohol assessment and treatment if deemed necessary ; [ 14 ] ORDERS that X and his parents benefit from a follow-up with an external educator to deal with parenting issues ; [ 15 ] ORDERS that X and his parents actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 16 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his

family ; [ 17 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until May 30, 2012, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q. Me Lynn-Ann Smith, for the petitioner Mrs Florence Frappier-Routhier, articled student in law at the Legal aid office, for the adolescent Me Marie-Christine Gagnon, for the mother Mr A, the father (absent)