2012 QCCQ 12367, 2012 QCCQ 12367

Protection de la jeunesse — 124199 2012 QCCQ 12367 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000380-110 DATE: July 5, 2012 ______________________________________________________________________ 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 (1996-[…]) is referred to the Court by the Director of youth protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] On October 5, 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 a rehabilitation center until April 30, 2012, for the reasons enunciated in the judgment. [ 3 ] The petition, as of April 2, 2012, is based on the following assertions and facts :

a) X’s situation has improved since his placement in a rehabilitation center ;

b) X had many outings at his mother and generally they were positives ;

c) X sometimes uses an impolite language towards his mother and his siblings ;

d) X’s mother recently found at home objects related to drugs ;

e) the mother has doubts that X still takes drugs on occasions ;

f) X is going to an adults learning center ;

g) X needs to continue his follow-up to maintain his improvements ;

h) the mother still needs help to have the rules respected by X at home. [ 4 ] At the hearing, the adolescent and his mother are present and represented by lawyers who admit the situation described at the petition and accept the amended recommendations of the Director of youth protection. [ 5 ] The father is absent and unrepresented. [ 6 ] The Court studied the psychosocial reports, several reports from educators (La Rade and A unit), a follow-up report from a criminologist as well as decisions justifying X being placed in an intensive supervision unit. [ 7 ] The Court also examined several probation orders concerning X as well as denunciations for breaches of probation. [ 8 ] The evidence reveals that the intention of the Director of youth protection was to return X with his mother at the hearing of April 12, 2012. [ 9 ] Unfortunately, it was not possible as X had an altercation with his mother on April 6, did damage things in the house and ran away. [ 10 ] Since, the case had to be postponed several times for different reasons. [ 11 ] Meanwhile, X ran away again and, upon return, had to be placed in an intensive supervision unit since May 21, 2012. [ 12 ] It is surprising that X, on the point to return home, is acting exactly the way to abort the project.

In a sense, it indicates that X was not ready to return with his mother. [ 13 ] He seems now to understand more the real issues and where his interest lies. [ 14 ] Hopefully, X will adopt an attitude and a behaviour compatible with a home reintegration objective. [ 15 ] Considering the reports content and the position of the parties, the Court grants the petition in the sense of the amended recommendations of the Director of youth protection. WHEREFORE, THE COURT : [ 16 ] 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 ; [ 17 ] ORDERS that X be entrusted to a rehabilitation center designated by the Director of Youth Protection until November 15, 2012 ; [ 18 ] ORDERS that X be entrusted to his mother on November 15, 2012 ; [ 19 ] ORDERS that X and his mother participate actively in the measures suggested by the Director of youth protection in order to put an end to the situation of endangerment ; [ 20 ] ORDERS that X attends school on a regular basis ;

[ 21 ] ORDERS that X continues his follow-up with Mr C as long as deemed necessary by the counsellor ; [ 22 ] ORDERS that X and his mother benefit from the services of an external educator for as long as deemed necessary by the Director of youth protection ; [ 23 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 24 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre A until May 31, 2013, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Me Mathieu Racine, for the adolescent Me Andrée Rioux, for the mother Mr A, the father (absent)