2013 QCCQ 10984, 2013 QCCQ 10984

Protection de la jeunesse — 133452 2013 QCCQ 10984 COURT OF QUÉBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF […] LOCALITY OF […] No. 550-41-001318-136 DATE: June 3, 2013 PRESENT: THE HONOURABLE LINE GOSSELIN J.C.Q. [SOCIAL WORKER 1] , person authorized by the Director of Youth Protection Petitioner and X Adolescent and A B In their capacity as parents JUDGMENT [ 1 ] In accordance with sections 38 and 75 of the Youth Protection Act , the petitioner seized the Court of a motion for protection concerning X, born on […], 1999. [ 2 ] The petitioner suggested that the adolescent live with his mother, with various other protective measures applicable for 10 months, due to his serious behavioural disturbances. [ 3 ] The mother, who elected not to be represented by an attorney, testified to the truth of most of the events that occurred in recent months.

She contested the conclusions. She believes that she did not receive the help she needed in a timely manner. She acknowledged that the situation remains fragile, in spite of the adolescent's efforts since he has been obliged to live with her. Furthermore, she plans on moving to the area A, and X is firmly opposed to that idea. [ 4 ] The father was absent. He agreed with the conclusions.

JG 1900 [5] The adolescent, through his attorney, acknowledged in part his problematic behaviour and consented to the conclusions, including having a substance abuse assessment. [6] In addition to the testimony of the parties who were present, the petitioner's report was legally adduced and supplemented the evidence.

[7] From the evidence as a whole, I mainly note that the parents have been separated for several years. The mother has legal custody of the adolescent, who, until very recently, was living with his father and his brother Y on a full-time basis. [8] In the summer of 2012, a report was received concerning X. In November 2012, he was suspended from school for possession of cannabis. Subsequently, he was again suspended (possession of 9 pills of an OxyContin derivative for the purposes of trafficking). The adolescent is failing in school. He admitted to using cannabis, but said that he had it under control.

However, he agreed to be assessed for substance abuse. [9] In recent months, X's situation had deteriorated greatly at his father's home. He is verbally and sometimes physically violent. He also acts violently by destroying objects. On May 6, 2013, the father asked for X to be withdrawn from his living environment. [10] Since then, X has lived with his mother, which is not really his choice. He wants to return to live with his father. He believes that he does not have an adequate relationship with his mother. According to him, she is too strict and does not understand him.

As for the father, he is unable to assert his authority with his son. [11] In short, the parents have very different child-rearing methods, as the father is much more permissive. The adolescent, who needs supervision and assistance, in addition to resolving his substance abuse, seems very aware of that situation. [12] In the circumstances, I declare that the adolescent's security and development are in danger and allow the proposed protective measures, which are supported by the evidence and suited to his needs. [13] The motion is founded in law. It is in X's interest and in keeping with his rights.

THEREFORE, THE COURT: [14] ALLOWS the motion; [15] DECLARES that the adolescent's security and development are in danger under

section 38(

f) of the Youth Protection Act ; [16] ORDERS the execution of the following protective measures until April 3, 2014 : (

a) That the adolescent be maintained with his mother in her family environment and that the parents report periodically to the Director on the measures they are applying to end the situation of endangerment; (

b) That a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; (

c) That , in the adolescent's interest, his relations with his father be maintained, according to an agreement between the father and the caseworker; (

d) That the adolescent and his parents participate actively in the application of the following measures: 1. that they cooperate with the person in charge of social follow-up, in particular for the parents to improve the exercise of their parental role; (

e) That the adolescent receive specific health care and/or services, in particular for his substance use and his difficulties in his relationships with others; (

f) That the adolescent attend school; [17] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of this decision. (

s) Line Gosselin J.C.Q. Mtre. Émilie DeBellefeullle For the Director of Youth Protection Mtre. Marie-Christine Fournier

For the adolescent The mother, A For herself Date of hearing: June 3, 2013