2012 QCCQ 16852, 2012 QCCQ 16852

Protection de la jeunesse — 126340 2012 QCCQ 16852 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division N o : 640-41-001499-125 DATE: November 20, 2012 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born […], 1997 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the Cree Board of Health and Social Services A, [...], district A Petitioner and MRS A, residing and domiciled in Town A, Quebec, district A Mother and MR B, residing and domiciled in Town A, Quebec, district A Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A. , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] Mrs [Social Worker 1], delegate of the Director of Youth Protection of the Cree Board of Health and Social Services A, seizes the Court with a petition asking that the security and development of X, born […] , 1997, be declared in danger because of his serious behavioural problems (section (

f) Y.P.A. ). [ 2 ] The parents are present at the hearing. The youth is present and represented by Me Daniel Ouellette. Me Gabriel Gaudreault represents the petitioner. [ 3 ] The evidence of the compromising state of the youth is constituted of the admissions made by the youth and his parents and their agreement with the measures proposed in the social worker's report. [ 4 ] Upon analysis of this evidence, it is proven that the youth consumes drugs and alcohol abusively on a regular basis. He does not respect rules set for him by his parents nor their authority. He does not attend school regularly.

On many occasions, the police had to take him back home, as he was involved in criminal activities. [ 5 ] On August 31, 2012, the parents reported that they were overwhelmed by his behaviour. Even if voluntary measures were provided, his behaviour remains problematic. [ 6 ] Last September 5, the Court imposed him conditions to respect if he wanted to remain in his family. [ 7 ] Since, the parents report that the youth's behaviour improved a lot. He shows motivation to seek for the help needed and so do the parents.

They acknowledge that they must impose more structures and develop their parental capacities. [ 8 ] The youth and the parents agree with the proposed measures and are motivated to seek for all the services needed. [ 9 ] CONSEQUENTLY, THE COURT : [ 10 ] DECLARES that the security and development of X are in danger; [ 11 ] MAINTAINS the youth X with his parents if he respects the following conditions : 11.1. That he attends school regularly; 11.2. That he meets the social worker once a week for the duration decided by the social worker, and after, at least once a month; 11.3.

That he respects the following curfews : be at home at 9:30 p.m. during the week and 10:30 p.m. on Friday and Saturday nights,

except if accompanied by a parent; [ 12 ] ORDERS the parents to attend therapy of alcohol consumption problems; [ 13 ] ORDERS the parents to participate in a program to develop their parental capacities; [ 14 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and his parents for a period of one year; [ 15 ] ORDERS the police officer to collaborate in the execution of the present judgment; [ 16 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Gabriel Gaudreault, attorney for the petitioner Me Daniel Ouellette, attorney for the youth Date of hearing: September 27, 2012