2012 QCCQ 11228, 2012 QCCQ 11228

Protection de la jeunesse — 121915 2012 QCCQ 11228 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-003992-115 DATE: March 2, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 1995 DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A Parent 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 ] On July 18, 2011, Justice Linda Despots declared compromised the security and the development of the adolescent X, and ordered that he be entrusted to a rehabilitation center for 6 months with aid, counsel and assistance for 1 year.

The Director of Youth Protection presents a motion for revision, for the reasons detailed in paragraph 4. [ 2 ] As well as other measures of aid and assistance, the Petitioner recommends that the adolescent's placement be maintained until August 31, 2012. [ 3 ] Is produced as evidence, by consent and in lieu of testimony, the report on the analysis of the adolescent's social situation (pièce D-3). [ 4 ] The mother, although duly served the motion, is absent. The Petitioner testifies and produces a letter confirming her assent to the motion and its amended conclusions (pièce D-4).

The adolescent, by way of his attorney, agrees to the motion and the measures proposed by the Director. [ 5 ] The adolescent remains in a group home setting since the last court order. Albeit a few disruptive incidents, he does generally well. He returns home every weekend, as well as for school holidays. [ 6 ] Tylor is diagnosed with profound bilateral hearing loss and periventricular leukomalacia.

A psychological assessment concludes to delayed/borderline cognitive functioning and a profile consistent with a generalized learning disability. [ 7 ] The adolescent's inability to fully understand or communicate with others remains the major obstacle and the principal source of his isolation and difficult behaviors. Since his placement, he frequents school and receives individual tutoring 4 days a week. He participates in workshops at the Center A, as well as other activities.

His progression is positive and he is demonstrating an ability to interact and adapt to his various environments. [ 8 ] The mother is fully available and cooperative with the intervention. She recognizes her need to be supported in order to fully address her son's complex needs and ensure the specific services he requires. [ 9 ] The goal of the intervention is a reintegration in the maternal environment.

The parties agree that an extension of the placement until the end of August 2012, will permit the further stabilization of X's situation and ensure that the appropriate services for the family are put in place. [ 10 ] The Court is satisfied of the evidence submitted and determines that the security and the development of the adolescent are still in danger.

The recommendations forwarded by the Director of Youth Protection are appropriate and in his best interests. [ 11 ] For those reasons, the Court: [ 12 ] GRANTS the present motion; [ 13 ] DECLARES that the security and development of the adolescent X, are still in danger; [ 14 ] REVISES the Court order rendered on July 18, 2011 in the present file; [ 15 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation center until August 31, 2012; [ 16 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the adolescent and his parents until January 31, 2013; [ 17 ] ORDERS that the adolescent and his mother take an active

part in the application of the measures; [ 18 ] ORDERS that the adolescent receives specific health care and services appropriate to his needs; [ 19 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of Le Centre jeunesse A for the execution of the measures; __________________________________ BEATRICE CLEMENT, J.C.Q. Me Karine Nantais Attorney for the Petitioner Me Karine P. Poissant Attorney for the child

Date of hearing: March 2, 2012