2018 QCCQ 13081, 2018 QCCQ 13081

Protection de la jeunesse — 183413 2018 QCCQ 13081 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 614-41-000226-177 DATE: June 21, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2001 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A, residing and domiciled at […] Mother and B, residing and domiciled at […] Father ______________________________________________________________________ JUDGMENT (Section 95 Y.P.A., R.S.Q. 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 applicant, the Director of Youth Protection A, asks the Court to review and to extend the decision rendered on July 4, 2017 concerning the situation of X, 17 years old. [ 2 ] The youth and his parents disagree with the recommendation asking to extend his placement at the reception for six months. They ask that the youth be entrusted to his parents. [ 3 ] At the hearing, the youth and his parents are present, assisted by Me Yan Massé and Me Michel Grenier.

Me Adélia Ferreira represents the applicant. [ 4 ] A revision report and an observation report are filed. [ 5 ] The Court considers there is a preponderant evidence of the following facts : 5.1. X continues to consume alcohol and drugs when he visits his parents in the community. When he is under the influence of drugs or alcohol, he displays aggressive behaviours towards his peers; 5.2. During those visits in his family, the youth does and goes as he pleases; 5.3. During the visit in December 2017, the youth refused to return at the reception centre; 5.4.

Many attempts were made by the youth worker, the police and the parents, but he refused to collaborate; 5.5. He was brought back at the reception centre in March; 5.6. At the reception centre, the youth is well adapted and he follows all the rules. He refuses to attend school and he does not have any interest. But he is very collaborative to help out the Bush Program workers; 5.7. The educator, Mr [Social Worker 2], concludes in his report that the youth’s situation has changed, he is now able to function in a structured setting and he is able to follow direction rules and regulations; 5.8.

It is at home that he tends to fall back in the same difficulties; 5.9. The social worker considers that the youth need to be maintained at the reception centre because when he is out, he put himself in danger. The consumption of alcohol and drugs and his aggressiveness are his serious difficulties.

5.10. Up to now, the youth refuses to get the services he needs, even if they were ordered. [ 6 ] The Court considers that the evidence is preponderant that the youth is able to function at the reception centre when he is well structured. [ 7 ] The parents want him back in the family and are ready to impose him supervision.

The youth is ready to seek help from the [Center A] worker, the psychologist and the social worker if he returns home. [ 8 ] The youth wishes to work with his father and even thinks of attending adult education to get a diploma in construction. [ 9 ] X will reach his majority in few months and must invest in services available in his community. The parents must develop their authority and be able to control their son.

The parties agree to collaborate actively with the social worker and to respect the conditions fixed by the Court. [ 10 ] The evidence shows that the youth’s situation improved at the reception centre, and as he will soon reach his majority, we must start the follow up with the [Center A]worker for his consumption problem and also with the psychologist to decrease his aggressiveness. He must develop social skills to avoid problems with peers in the community. [ 11 ] The Court believes that if X is well structured at home and is collaborative with the services, he is able to continue his re- education.

The parents are well aware that they should supervise the youth and report him if he misses the conditions. CONSEQUENTLY, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and development of X are still in danger; [ 14 ] ORDERS that the youth be maintained with his parents at the following conditions : 14.1. Meet the [Center A] worker; 14.2. Meet the psychologist; 14.3. Meet the social worker at minimum twice a month, be collaborative and follow his recommendations; 14.4.

Prohibition for X to consume alcohol and drugs except as medical prescription; [ 15 ] AUTHORIZES the Director of Youth Protection to obtain information with the services providers working with him and his parents; [ 16 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and his parents until [...], 2019; [ 17 ] ORDERS any police officer to collaborate with the present order if required by the Director of Youth Protection; [ 18 ] ENTRUSTS the youth’s situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Adélia Ferreira Attorney for the applicant Me Michel Grenier Attorney for the parents Me Yan Massé Attorney for the youth Date of hearing: May 24, 2018