2019 QCCQ 18714, 2019 QCCQ 18714
Opinion
Protection de la jeunesse — 198313 2019 QCCQ 18714 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” N° : 614-41-000459-190 DATE : October 8, 2019 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, [...] Applicant and X, born on [...], 2004 Adolescent and A, residing and domiciled at [...] Mother and B, deceased Father _____________________________________________________________________ JUDGMENT (sections 38, 75 & 91, Youth Protection Act , CQLR, c.
P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified. Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of youth Protection A (the Director) submits to the Court an application asking that the security and development of X, 16 years old, be declared endangered because of his serious behavioral problems (section 38
f) of the Y.P.A .). [ 2 ] At the hearing, the youth and the mother are present, assisted by Mtre Yan Massé and Mtre Michel Grenier. Mtre Adelia Ferreira represents the applicant. The father is deceased. [ 3 ] The youth acknowledges all the allegations of the application and agrees with the recommendations. The mother admits some allegations and agrees with the measures proposed, if her son agrees to them. [ 4 ] The evidence reveals that X has been having behavioral issues since May 2018.
He used to consume marijuana and to sniff propane. [ 5 ] He was entrusted to a rehabilitation center on November 30, 2018 under voluntary measures. While in the rehabilitation center, the youth leaves frequently without telling his whereabouts. He is disrespectful against the staff members and does not respect authority. He continues to consume marijuana. He refuses to attend treatment. Last June, 2019, with another youth of the rehabilitation center, he left without permission and he stole a car. [ 6 ] The youth acknowledges he is easily influenced and gets involved in bad behavior.
When Mrs. [Social Worker 1] talked to him about treatment, he was not interested. [ 7 ] Now, he accepts to attend such treatment and wants to regain control of his life. He cannot read and write and would like to learn. He would like to be initiated to the traditional activities but the only one he knows who could teach him, an uncle, is in City A for serious health problems. [ 8 ] The mother has personal issues that seriously affect her parental capacities. She is overwhelmed. She cares for her son and does not accept his behavior.
She is ready to support him, as much as she can. [ 9 ] Considering the evidence, the Court is convinced that X’s development is in danger and that he needs rehabilitation services for a one year period. [ 10 ] He needs treatment for his consumption of drugs and for his aggressiveness. He needs to attend school and develop his
potential.
He also needs to open up on his issues and his emotions. [ 11 ] Considering the evidence and the parties’ agreement with the recommendations; FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of X, born on [...], 2004, are in danger; [ 14 ] ORDERS his placement in a Reception Center for one year with possible reintegration with the mother after 9 months, if the situation allows it; [ 15 ] ORDERS that the youth attend treatment and therapy for his consumption of drug issue and his aggressiveness; [ 16 ] ORDERS that the youth be evaluated by a psychologist and receive follow-ups for the period required by the professional; [ 17 ] ORDERS the Director to supervise the visits of the youth with his mother as for the frequency and the modalities; [ 18 ] ORDERS the Director to provide aid, counsel and assistance to the youth and the mother for one year; [ 19 ] ORDERS the mother to collaborate actively with the social worker; [ 20 ] ORDERS the police to collaborate with the execution of the present judgment; [ 21 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall then see that the measures are carried out.
Signed in City B, on November 5, 2019 _________________________________ DENYSE LEDUC, J.C.Q. Mtre Adelia Ferreira Counsel for the applicant Mtre Yan Massé Counsel for the adolescent Mtre Michel Grenier Counsel for the mother Date of hearing: October 8, 2019
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