2012 QCCQ 12366, 2012 QCCQ 12366
Opinion
Protection de la jeunesse — 124198 2012 QCCQ 12366 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000376-118 DATE: June 13, 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 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 supportive and follow-up measures until May 30, 2012 for the reasons enunciated in the judgment. [ 3 ] The petition is based on the following assertions and facts :
a) X still needs guidance and strict structure to accomplish simple daily things ;
b) X attends A Centre and functions well there ;
c) an integration to B School was planned, but X was very nervous and he ran back to the other school ;
d) X still has drug and alcohol related issues ;
e) on weeks-ends, X visits his parents ;
f) the father is cooperative with services and able to structure X during outings ;
g) the mother always says that everything goes well during X’s visits ;
h) after outings at his mother’s, X is very tired ;
i) in March 2012, X drank alcohol at a party where his mother was also present ;
j) the mother shows minimal cooperation to youth protection services ;
k) X still needs professional services on a daily basis and the strong structure of a rehabilitation centre. [ 4 ] The petitioner's lawyer amends the conclusions to change the duration of the order and to include a psychological evaluation and follow-up for X. [ 5 ] At the hearing, the adolescent is present with his lawyer who admits, in general, the allegations of the petition and consents to the amended conclusions. [ 6 ] The parents are absent and unrepresented ; however, the father did send a letter in which he states to be in agreement with the proposed measures. [ 7 ] The Court studied the psychosocial report, the report of an educator from Gignu unit and its complement as well as two letters from a social worker. [ 8 ] X wishes to integrate his paternal environment as soon as possible.
As told to him at the hearing, he must change his attitude and way of thinking and rapidly involve himself in a genuine process of change at all levels. [ 9 ] Considering the reports and the position of the parties, the Court grants the petition in the sense of the amended recommendations of the Director of youth protection. WHEREFORE, THE COURT : [ 10 ] 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 ; [ 11 ] ORDERS that X be entrusted to a rehabilitation center designated by the Director of youth protection ; [ 12 ] ORDERS that X benefits from visits in both his maternal and paternal home environments ; [ 13 ] ORDERS that X participates in a drug/alcohol follow-up as long as deemed necessary by the therapist ; [ 14 ] ORDERS that X and his parents benefit from a follow-up with an external educator ;
[ 15 ] RECOMMENDS that X benefits from a psychological evaluation and a follow-up if deemed necessary ; [ 16 ] ORDERS that X and his parents actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 17 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 18 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A/B until October 30, 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 Mr A, the father (absent) Mrs B the mother (absent)
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