2011 QCCQ 9011, 2011 QCCQ 9011

Protection de la jeunesse — 112188 2011 QCCQ 9011 JL3389 QUÉBEC COURT CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division »

N° : 525-41-023874-100 DATE : March 15 th , 2011 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MICHÈLE LEFEBVRE, J.C.Q. ______________________________________________________________________ In the matter of: X, born […], 1995 [INTERVENANT 1], in his capacity as person duly authorized by the Director of Youth Protection of Batshaw Youth and Family Centres applicant - and - A , the mother - and - B , the father respondents ______________________________________________________________________ JUDGMENT (Sections 91 and 95, Youth Protection Act, L.R.Q.c.P-34.1) ______________________________________________________________________ [ 1 ] The present judgment confirms in writing the decision rendered orally at the hearing held on March 15 th , 2011. [ 2 ] The Court is seized with a motion to review and extend an order rendered on November 15 th , 2010 concerning X ; [ 3 ] Essentially, le Director of Youth Protection sustains: 3.1 since the court order, the adolescent has been entrusted to a rehabilitation centre; 3.2 in the rehabilitation centre, the adolescent has had, at times, some behavioural issues; 3.3 since in or around early December 2010, the adolescent has been participating in A drug rehabilitation program; 3.4 the parents are supportive of the adolescent to receive drug treatment; 3.5 the youth is presently invested in his rehabilitation and is doing well; 3.6 the family is also receiving services of the Transition Diversion program; 3.7 the present court ordered placement in a rehabilitation centre expires February 15 th 2011; 3.8 at this time, it is in the adolescent's best interest that his placement in a rehabilitation centre be extended to allow him to complete

his treatment at A; [ 4 ] The Director of Youth Protection is recommending that the adolescent be maintained in a rehabilitation center until August 15 th 2011 with a reintegration into the home, based on a collaborative agreement between A and the family, and that measures be applied in order to correct the situation as appears in the Court record. [ 5 ] The parents while informed of their right to be represented or assisted by attorney, chose to proceed without attorney and declared to be in agreement with the measures proposed by the Director of Youth Protection. [ 6 ] The adolescent, through his attorney, declared that he was in agreement with all the measures proposed by the Director of Youth Protection, as appears in the Court record. [ 7 ] By consent and to serve as evidence, the Director of Youth Protection filed the following documents: D-1: GAIN-Q Recommendations and referral

summary, dated January 18 th 2011 signed by C; D-2: A Plan of care, dated February 2, 2011, signed February 10 th 2011; D-3: Court Report, prepared by [Social Worker 1], dated March 2 nd , 2011; [ 8 ] ANALYSIS OF THE EVIDENCE AND DECISION [ 9 ] The Court finds from the evidence, that X (15 years old) came to realize that he had an addiction problem, and in December 2010, he voluntarily admitted himself at A. He has been doing very well in this program, and was even awarded the title of Team Leader in February 2011. [ 10 ] X's parents are supportive of their son and very proud of his progress and determination.

They are involved in the program and participate regularly in A parent group meetings. [ 11 ] The plan is for X to complete A program including the After Care services.

His reintegration home will be planned in collaboration with the A workers. [ 12 ] Therefore, having received the admissions of the parties, taken into consideration the reports submitted, the Court concludes that the allegations have been proven to its satisfaction and permit the measures to be applied. [ 13 ] CONSEQUENTLY, AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of X continue to be endangered within the meaning of the Youth Protection Act ; [ 16 ] IN VIRTUE OF THE POWERS CONFERRED UPON THE COURT BY

SECTION 91 OF THE YOUTH PROTECTION ACT: [ 17 ] ORDERS that X remain in a rehabilitation centre until August 15th taking note that X is living at A (drug rehabilitation centre) and that the recommandations concerning the timing of the integration home ought to be based on a collaborative aggrement between A, the parents, X and the Direction of Youth protection; [ 18 ] ORDERS X to attend school on a full-time basis; [ 19 ] ORDERS that X and his parents continue to closely collaborate with A and Transition-Diversion teams, including A After- Care service and their recommendations; [ 20 ] ORDERS that aid, counsel and assistance continue to be provided to the adolescent and his family until August 15th, 2011; [ 21 ] ENTRUSTS the situation of X to the Director of Youth Protection of Batshaw Youth and Family Centres, who shall see that these measures are carried out.

SIGNED AT A

__________________________________ MICHÈLE LEFEBVRE, J.C.Q. M e Isabelle Loranger Attorney for the applicant M e Michel Leclerc Attorney for the adolescent Judgment rendered orally on March 15 th , 2011 ML/mlm