2011 QCCQ 11278, 2011 QCCQ 11278

Protection de la jeunesse — 113849 2011 QCCQ 11278 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000359-106 DATE: May 4, 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 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 November 10, 2010, the Court declares that the security and development of this adolescent are considered to be in danger and entrusts him to a rehabilitation center with follow-up and supportive measures for him and his mother until May 31, 2011, for the reasons enunciated in the judgment. [ 3 ] In substance, the adolescent was exhibiting behavioural disturbances and his relationship with his parents was not the greatest. X had a problem with drugs as well as the mother. The situation of the father was not clearly evaluated as he is residing in U.S.A.. [ 4 ] The petition is based on the following assertions and facts :

a) since the last court order, the parent's situation and relationship have not changed much ;

b) the mother still struggles with her own addictions and is currently enrolled in the methadone treatment program ;

c) the father is still living in the state of New Hampshire and looking for work in Alberta ;

d) both parents do want what is best for X, however, both have difficulties committing to X's expectations ;

e) X was given the opportunity to visit with his dad in [Country A] during Christmas Holidays ;

f) after that, X's behaviour began to take a turn for the worse, he became very angry and disruptive ;

g) the father reports that X stole an ipod and a watch and that he easily hurt his young brother ;

h) X also stated that his father was under the influence of drugs all the time, the father has admitted using drugs ;

i) at the end of December and in January, X become more disrespect full towards his mother disobeying rules, not respecting curfew and using drugs ;

j) X has shared with the youth delegate that he gets frustrated at his moms' place because she smokes "marijuana" in front of him and doesn't share, this makes him angry ;

k) the mother admitted this situation to the Youth Delegate ;

l) X falled his class, he lacks interest for school ;

m) in February 2011, X was frequently under the influence of alcohol and drugs during his visit at his mother ;

n) on February 20, 2011, X got into a disagreement/confrontation with his mother and he ran away for three days ;

o) on February 23, 2011, X returned to A unit but run away again on February 24 ;

p) X was found by the police on February 25, brought back to A unit and latter he was transferred to unit B ;

q) on March 25, X returned to unit A after spending four weeks in unit B ;

r) X has made some improvement, however quickly adapts to his learned behaviours of manipulation and disrespect towards everything ;

s) X is not functioning well in rehabilitation center also he disregards any instructions and he is often rude and bossy ;

t) X still has difficulty accepting responsibility for his actions ;

u) X requires discipline, structure and routine with clear boundaries. [ 5 ] At the hearing, the adolescent (assisted by his lawyer) and his mother are present.

They admit, for the essential, the situation described at the petition and consent to its conclusions. [ 6 ] The father is absent and unrepresented. [ 7 ] The Court studied the petitioner's psychosocial report, the report of an educator (A unit), the progress reports of social workers helping X (an educator and an intervener in substances abuse) as well as documents from the school. [ 8 ] The Court also heard the testimony of [social worker 1], the petitioner. [ 9 ] According to her, the situation is improving since the writing of her report. [ 10 ] The mother is realizing how direct is the impact of her attitude, behaviour and substances consumption on her son X. [ 11 ] She is sober and wants to maintain it.

She involves herself in the different follow-ups. [ 12 ] X is in a better mood and his disturbing behaviours tend to diminish. [ 13 ] It is important that there is no consumption of drugs in the house ; if so, X's visits must be ceased and outings will be permitted at a foster family as recommended by [social worker 1]. [ 14 ] Considering the reports and the position of the adolescent and his mother, the Court grants the petition according to its conclusions including the modifications ordered at the hearing.

WHEREFORE, THE COURT : [ 15 ] 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 ; [ 16 ] ORDERS that X be entrusted to a rehabilitation center designated by the Director of youth protection ; [ 17 ] ORDERS that X benefits from more or less prolonged visits in both maternal and paternal homes or in a foster family as long as his behaviour permits it ; [ 18 ] ORDERS Mrs B to be perfectly sober and drug-free in the presence of her son X ; [ 19 ] RECOMMENDS that X and his parents benefit from psychological counselling to deal with their personal issues ; [ 20 ] ORDERS that X and his mother participate in a drug/alcohol treatment for the period deemed appropriate by the counsellor ; [ 21 ] ORDERS that X and his mother work with an external educator to deal with parenting issues ; [ 22 ] ORDERS that X and his parents actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 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 Jeunesse A until October 31, 2011, for the carrying out of the present measures.

__________________________________ ROBERT LEVESQUE, J.C.Q. Me Lynn-Ann Smith, for the petitioner Me Daniel Mill, for the adolescent Mrs B, the mother Mr A, the father (absent)