2012 QCCQ 11362, 2012 QCCQ 11362

Protection de la jeunesse — 123766 2012 QCCQ 11362 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Court Division No: 760-41-004225-127 DATE: May 9, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : [...] , 1996 Youth DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B JC0B11 Parents of the child ______________________________________________________________________ JUDGMENT

______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection alleges that the security and the development of the adolescent, X , are in danger in reason of serious behavioural disturbances, as detailed more amply in paragraph 3 of the motion. [ 2 ] The Petitioner recommends that the adolescent and his family receive various measures of aid and support in the home environment. [ 3 ] By consent, the Petitioner produces the reports on the analysis of the adolescent's social situation as evidence in lieu of testimony. [ 4 ] The admissions of the parties as to the motion are noted in the Court record and they indicate their assent as to the measures proposed by the Director. [ 5 ] The adolescent resides with his parents and his younger brother. [ 6 ] Since spring 2011, the adolescent's behaviours are challenging.

Particularly, the parents indicate that the situation has been steadily declining since the beginning of the school year. In October 2011, X commences being verbally abusive towards his mother and balking at the house rules and consequences. The aggressive behaviours become physical, with the adolescent destroying and breaking property in the home. [ 7 ] The parents seek services to deal with the situation (resource A, psychologist, etc.), without success. [ 8 ] X admits to consuming marijuana on a daily basis (4 to 6 times a day), for more than a year.

He sometimes steals from family members in order to finance his habit. He sees no reason to curb his habit. [ 9 ] Although previously an above-average student and very athletic, he skips school, his grades slip and he shows no interest for activities. [ 10 ] The family is increasingly in crisis. In April, the situation comes to a head after the parents refuse to allow X back in the house after his curfew. He returns the following day and is asked to leave. A violent outburst ensues and the adolescent is restrained by his father. Once released, he proceeds to assault his mother.

The police intervene and charges of assault and theft are laid against the adolescent. [ 11 ] Director initially evaluates the situation of the adolescent in April 2012 at this passage before the Court in regard to the criminal charges. [ 12 ] In view of the admissions and the reports submitted in evidence, the Court is satisfied of the evidence and consequently determines that the security and the development of the adolescent are compromised in reason of serious behavioural disturbances. [ 13 ] On April 3 rd 2012, the adolescent is placed in a reception center on a provisional basis.

In this milieu, X 's behaviours are exemplary. He follows directives and is receptive to the interventions. His visits at home are generally positive and calm has returned in the household. [ 14 ] The parents are cooperative and fully engaged in their parental roles. [ 15 ] The Court considers that the period of respite has permitted the adolescent and his family to evaluate their difficulties and re- focus on the importance of maintaining a respectful communication.

Although further intervention is necessary to fully correct the situation, continued placement of the adolescent is not required. [ 16 ] The goals of the intervention are to help X control his impulsive behaviours and aid in the family relationship and application of parental authority.

The Court considers that it is crucial that the extent of the adolescent's drug consumption be evaluated and dealt with, as the evidence demonstrates a clear link with his oppositional behaviours and devolution in the various spheres of his life. [ 17 ] As well as receiving the approval of the parties, the Court estimates that the recommendations respect the rights, as well as the best interests, of the child. [ 18 ] FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the motion; [ 20 ] DECLARES that the security and development of the adolescent are in danger; [ 21 ] ENTRUSTS the adolescent to his family; [ 22 ] ORDERS that the parents and the adolescent participate actively in the measures proposed; [ 23 ] ORDERS that the services of an educator be offered to the adolescent and his family;

[ 24 ] ORDERS that the adolescent submit himself to an evaluation with the A Pavilion, as to his drug consumption, and respect the recommendations; [ 25 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the adolescent and his family; [ 26 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of Le Centre jeunesse A for the execution of the measures; [ 27 ] THE WHOLE for a period of nine (9) months. __________________________________ BEATRICE CLEMENT, J.C.Q. Me Karine Nantais Attorney for the Petitioner Me Michel Robert Attorney for the child Date of hearing: May 9, 2012