2012 QCCQ 11603, 2012 QCCQ 11603

Protection de la jeunesse — 123114 2012 QCCQ 11603 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No: 525-41-026039-123 DATE: July 20, 2012 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection A Applicant - and - X Born on […], 1995 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

Section 38 Y.P.A. ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of July 20, 2012, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion by the Director of Youth Protection to have the security and development of the adolescent declared compromised under

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f) of the Youth Protection Act , as the adolescent demonstrates serious behavioural disturbances. [ 3 ] The principal facts alleged in support of the Director’s motion are the following: • There are grave concerns in regards to the adolescent’s behavioural disturbances, his impulsivity and aggressiveness, as well as his drug consumption; • The adolescent has been aggressive towards his family members; • The adolescent has been stealing money from his mother and also steals things such as pain medication and cough syrup from a pharmacy to get high; • The adolescent associates himself with a negative peer group and hangs around the metro station; • The adolescent does not respect basic house rules, comes home late and even spends nights out of the home, without informing his parents of his whereabouts; • On May 28, 2012, the adolescent and his parents signed a provisional placement agreement, for a period of 30 days, and was sent to [Group Home A]; • Lately, the adolescent is defiant and challenging towards the educators and staff at [Group Home A], does not follow simple rules and still consumes drugs; • Considering the above mentioned facts, the adolescent is to be sent to [Groupe Home B]. [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to a rehabilitation centre for a period of six months with reintegration to his parents’ care when the situation allows.

Furthermore, that a social follow-up be provided to the adolescent and

his family until the adolescent’s age of majority, June 8, 2013. [ 5 ] The parents admit the facts alleged in the motion and consent to the recommended measures. The parents feel that the adolescent needs services to address his difficulties. [ 6 ] The adolescent admits the majority of the facts alleged in the motion and agrees with the recommended measures, although he wishes to return home as soon as possible. The adolescent is also asking to integrate a group home in order to go to school in Montreal.

The adolescent states that he wishes to work towards independent living and his plans for the future include photography and business. [ 7 ] The Court also heard the testimony of [Social Worker 1], human relations’ agent, and read the reports the Director filed as proof of the adolescent’s situation. The evidence reveals that the adolescent has been feeling some distress since his maternal grandfather passed away when he was nine years old. This can be explained in part by the fact that the grandfather gave Evan attention and a sense of security.

Therefore, the adolescent feels that first and for most he needs grief counselling, but also agrees to participate in a psychological follow-up. As for participating in a substance abuse program with Pavillon A, he does not consider that his marijuana consumption is a problem. [ 8 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to a rehabilitation centre for a period of six months, with reintegration to his parents’ care after three months, if the situation allows. The parents and the adolescent will need to collaborate with DYP in order for the situation to improve.

Family activities and father- son activities should be encouraged for the family to regain a sense of unity. [ 9 ] The evidence and the admissions made have convinced the Court that the security and development of the adolescent are compromised. [ 10 ] THEREFORE, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES compromised the security and development of the adolescent, X under

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f) of the Youth Protection Act ; [ 13 ] ORDERS that the adolescent, X, be entrusted to a rehabilitation centre for a period of six months, with reintegration to his parents’ care after three months, if the situation allows; [ 14 ] ORDERS that the adolescent receive all health care and services required by his situation and more particularly, grief counselling, psychological follow-up and services with the pavilion Foster; [ 15 ] RECOMMENDS that the parents pursue their marriage counselling and for the mother her group counselling; [ 16 ] ORDERS that the parents and the adolescent collaborate with DYP and meet with the youth workers as requested; [ 17 ] ORDERS that aid, counsel and assistance be provided to the adolescent and his family until his age of majority, June 8, 2013; [ 18 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall see that the measures are carried out; [ 19 ] ORDERS the execution of the present order by any peace officer.

Signed on Ann-Marie Jones, J.C.Q. AMJ/dg Me Camille Champeval Counsel for the Director of Youth Protection Me Karine Dallaire Counsel for the adolescent Date of hearing: July 20, 2012