2012 QCCQ 12360, 2012 QCCQ 12360

Protection de la jeunesse — 124192 2012 QCCQ 12360 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000359-106 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 (1995-[…]) 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 still considered to be in danger and orders that he be entrusted to a rehabilitation center with possibility of outings in his familial environment and with supportive measures until April 30, 2012 for the reasons enunciated in the judgment. [ 3 ] The petition, as of April 3, 2012, is based on the following assertions and facts :

a) X meets weekly with an external educator with whom he talks openly and has a good relationship ;

b) since the last court hearing, X did not run away ;

c) in school, X does not apply himself and tends to give up before trying ;

d) in Gignu, X is very demanding and needs attention all the time ;

e) the relationship between X and his mother has improved ;

f) X has outings at his mother’s and they usually go well ;

g) the mother calls X regularly at the Unit ;

h) Mrs Mitchell collaborates with services ;

i) Mrs Mitchell is still on a A program ;

j) both X and his mother wish to eventually go back living together despite their past difficulties ;

k) there is little contacts between X and his father. [ 4 ] At the hearing, the adolescent and his mother are present with their lawyers who admit the situation described at the petition and accept the recommendations of the Director of youth protection. [ 5 ] The father is absent and unrepresented. [ 6 ] The Court studied the psychosocial reports (Mrs [social Worker 1 and social worker 2]), reports from educators (A unit), the report of an external educator working with X (Mr [social worker 3]) and a progress report of an external educator (Mrs [social worker 4]) working with the mother. [ 7 ] The evidence reveals that since the last court order, X and his mother had made certain improvements which permitted to believe in a home reintegration.

This was the plan to be proposed at the hearing of April 12, 2012. The case had to be postponed and since then, X ran away seven times. [ 8 ] He had to be sent to A unit in Town A. [ 9 ] Here are few excerpts of Mr [social worker 3] report dated May 7, 2012 : "I continue to meet with X on a weekly basis. His attitude was improving in the past months, but the last month has been of concern. X continues to minimize what is going on in his life by making jokes about what is going on with his family situation. (…) At the present time, I have concerns over X's drug use. At times, X will admit to heavy drug use.

X continues to place much importance to his peer relationships. He uses drugs and alcohol as often as he can. He continues to associate with peers that have a negative influence on him. He also admits to stealing money from any one he can steal from so he can purchase drugs and alcohol. We have been discussing his peer relationships and he realizes he can be impulsive and easily influenced. When X is serious, he has good insight into his personal situation and admits he has built a wall around himself so he doesn't get hurt or disappointed.

X has learned through his childhood not to deal with any conflict by shutting himself emotionally from others, he does not want to show his vulnerability. It is easier for X to walk away from any person that cares for him than to trust an adult figure in his life. X is very fragile and vulnerable. The closer X gets to leaving Gignu, the higher his level of stress becomes. He is not accepting of his personal situation and would like to have full control of his life. He has stated he would like to reside with his brother Y. Overall X was very receptive to counselling. He usually appears to enjoy one on one time.

He has no problem discussing his feelings and thoughts. It is clear that he needs to articulate his feelings and to realize the impact of his negative choices on his life. He is very respectful and polite youth." [ 10 ] Surprisingly, while there is a plan to return home progressively, X decides to act up and to ruin his chances.

It can be seen as a message that X was not ready and knew it. [ 11 ] At the present time, he seems to realize more the consequences of his actions and he is interested to attend and participate in a B program. [ 12 ] X is interested to visit Centre A facilities in order to make a decision. [ 13 ] The Court encourages X to enter into a healing process and to do it for the good reasons and for himself: to help him to deal with past issues, to prepare himself to be more equipped to face his adult life and to realize that it can be done without alcohol and drugs.

[ 14 ] Considering the reports content and the position of the parties, the Court grants the petition in the sense of the recommendations filed today by the Director of youth protection. 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 centre designated by the Director of youth protection ; [ 17 ] AUTHORIZES that X be entrusted to a residential drug/alcohol treatment centre if requested by him ; [ 18 ] RECOMMENDS that X actively participates in a psychological evaluation and a follow-up if deemed necessary ; [ 19 ] ORDERS that X and his parents benefit from counselling for their personal issues ; [ 20 ] ORDERS that X and his parents benefit from addictions counselling and anger management for the period deemed appropriate by the counsellor ; [ 21 ] ORDERS that X and his family benefit from an external educator services as deemed appropriate by the Director of Youth Protection ; [ 22 ] ORDERS that X benefits from more or less prolonged visits in both maternal and paternal homes or in foster family as long as his behaviour permits it ; [ 23 ] ORDERS Mrs B to be perfectly sober and drug-free in the presence of her son X; [ 24 ] ORDERS that X and his mother actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 25 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 26 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until October 31, 2012 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)